News 4
Funding—legal services orders and costs allowances
Published by a LexisNexis Family expert
Practice notesFunding—legal services orders and costs allowances
Published by a LexisNexis Family expert
Practice notes
Sections 49–54 of the legal aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012) introduced changes to the Matrimonial Causes Act 1973 (MCA 1973) and the civil partnership Act 2004 (CPA 2004), allowing the court to order a party to make payment to their spouse/civil partner for their legal costs known as an order in respect of legal services or a legal services order, also referred to in case law as a legal services payment order. This type of order is available in proceedings for divorce/dissolution/(judicial) separation and in connected financial remedy proceedings. The provisions set out the circumstances in which such an order may be made and the factors which the court must take into account and came into force on 1 April 2013.
MCA 1973, s 22ZA(2) states that, ‘The court may also make such an order or orders in proceedings under this Part for financial relief in connection with proceedings for divorce, nullity of marriage or judicial separation.’ However, the term ‘financial relief’ is not defined in MCA 1973 (or CPA 2004).
Such
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Jurisdiction(s):
United Kingdom
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Key definition:
Legal services order definition
What does Legal services order mean?
A court order providing for a party to make payment to their spouse/civil partner for their legal costs in proceedings for divorce/dissolution/judicial separation and in connected financial remedy proceedings (also known as an 'order in respect of legal services'). Such orders are not available in relation to proceedings under ChA 1989, Sch 1, I(PFD)A 1975 proceedings, and applications under MFPA 1984, Pt III.
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