If you are unable to afford a solicitor in Family Court, a Legal Services Payment Order (LSPO) might help.
All too often, an unfair scenario plays out in family law disputes. One person controls the finances, hires a family law solicitor, and moves forward with the confidence that legal backing provides them. Meanwhile, the other is left wondering how they will afford legal advice, let alone the cost of a court case.
If these concerns resonate with you, an LSPO could be your way forward. However, these orders are not given away easily. To be eligible, you will need to meet strict requirements and come prepared.
Below, Olivia Minza-Clark, a solicitor from our family law team, sets out what it takes to secure an LSPO and what you should expect along the way.
What Is a Legal Services Payment Order?
An LSPO is a court order requiring one party (usually the one with more financial resources) to pay or contribute to the other party’s legal costs.
They’re typically used in family law cases, including:
- Divorce and financial remedy proceedings
- Child custody or contact disputes
- Schedule 1 Children Act claims (financial support for children)
What is the purpose of an LSPO?
An LSPO ensures that both sides have fair access to legal representation, especially when there’s a clear financial imbalance.
What Do You Need to Prove?
You are not automatically entitled to an LSPO, and courts won’t grant them without checking eligibility. To be granted an LSPO, you will need to prove four key things.
- You Can’t Afford Legal Fees Without Help
You will need to provide financial disclosure, showing that you will be unable to afford legal fees without help, providing details of your income, savings, debts, assets, and ultimately displaying that you simply cannot cover your legal costs without support.
Note: “I can’t afford it” isn’t enough — evidence matters.
- You’ve Tried Other Options First
The Courts will expect you to prove that you have explored alternative funding options, such as:
- Legal aid (if available)
- Loans or credit
- Third-party litigation funding (rare, but possible)
It is important to note that if you have not already looked into these, and proved why they are not a viable option, your application may be rejected.
- Your Legal Costs Are Reasonable
Your solicitor’s fees need to be fair and proportionate. Overly inflated costs could raise red flags.
Note: Provide a clear, legitimate costs estimate which can be provided by your chosen legal provider, which ideally should be broken down by stage or issue.
- The Other Party Can Afford to Pay
In a similar way, the court will want to review your finances, and the court will assess the finances of the other side and their ability to contribute, including their income, assets, and expenses. If they can’t realistically pay, the LSPO won’t be granted.
How Do You Apply for an LSPO?
Your solicitor will apply using Form D11, a standard form for applications in family proceedings.
The application must include:
- What legal services you need covered
- A detailed breakdown of costs
- Full financial disclosure
- Proof you’ve tried to get other funding
- Why the other side can (and should) contribute
Once submitted, the court will usually schedule a short hearing where both sides can make their case.
What Does It Cost?
- Court fee: £275 (as of 2025)
- Legal fees to prepare the application: Please contact a member of our team for precise costings and payment options.
If your LSPO is successful, you can ask the court to include these costs in the order — meaning the other party may have to reimburse them.
What Are the Main Reasons LSPO Applications Fail?
Courts apply a high eligibility threshold when granting an LSPO, and many applications fall short of these strict guidelines. The most common reasons for an LSPO application to be rejected include:
- Missing or incomplete financial information
- No real effort to secure other funding
- The other side genuinely doesn’t have the money to pay
Preparation is key. A well-drafted application, backed by evidence, gives you the best chance of success.
Final Thoughts
A Legal Services Payment Order can make all the difference when you’re stuck in an unequal legal fight, but it’s not an easy win. You’ll need to be transparent, thorough, and strategic.
If you’re worried about affording legal help while your ex or opponent seems to have unlimited resources, don’t give up. An LSPO might just be the tool that allows you to stand your ground. For further advice regarding family law matters, speak with one of our team who can guide you through the next steps. Talk to a Family Law specialist.
Author Bio: About Olivia Minza-Clark
Olivia Minza-Clark is a solicitor in our Family Law department at Rose & Rose in Kingston Upon Thames, specialising in Family Law, Divorce and Separation, Financial Proceedings, and has other related experience dealing with Wills, Trusts, and Lasting Powers of Attorney. She joined us in 2024 after starting her legal career in the North West of England in 2022, gaining hands-on experience in Family and Private client departments. Oliva brings a compassionate and strategic approach to sensitive family matters, supporting clients through complex legal situations with clarity and care.
