What Is a Legal Services Order (LSO)?
- Penn Chambers
- Oct 10
- 3 min read
Access to legal representation is essential for a fair outcome in any court matter. Unfortunately, not all parties have the resources to fund their legal costs, especially when the other side holds a clear financial advantage, and that is particularly obvious in Family Law.
In these situations, a Legal Services Order (LSO) may be available. This is a court order that compels one party to pay, or contribute towards, the legal costs of the other.
What Is a Legal Services Order?
A Legal Services Order (LSO) allows a person who may not otherwise be able to afford legal representation to proceed with their case on more equal position. The order requires the financially stronger party to assist with the costs of legal services, ensuring that both sides can properly present their case before the Court.
These orders are most commonly made in Family Law proceedings, particularly in property disputes, parenting matters, or spousal maintenance applications. They are designed to promote fairness and prevent litigation from becoming a matter of who can afford a better legal team.
Framework
Legal Services Orders are made under the Family Law Act 1975, specifically section 22ZA. It empowers the court to make costs orders where it is just to do so, having regard to the financial circumstances of each party, their conduct during the proceedings, and the interests of justice more broadly.
Although cost orders are generally rare in Family Law, the Court does have discretion to ensure that a party is not unfairly disadvantaged simply because they cannot afford legal representation.
Who Can Apply?
An application for a Legal Services Order can be made by a party to Family Law proceedings who can demonstrate:
They are unable to reasonably meet their legal costs;
The other party has the financial capacity to contribute; and
The funding is necessary to enable the proper conduct of the case.
The applicant will usually be required to file an affidavit, setting out their financial position, along with supporting documents such as bank statements, income records, and details of liabilities and assets.
What Will the Court Consider?
The court will take several factors into account when deciding whether to make a Legal Services Order, including:
The financial circumstances of both parties;
The complexity of the proceedings;
The conduct of the parties to date (for example, any delays or obstruction);
Whether the party seeking the order has acted reasonably and in good faith;
Whether the funding sought is proportionate and justified.
If satisfied that it is appropriate, the Court may make an interim order to cover immediate legal costs, or a more extensive order to support representation through to the final hearing.
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Legal Services Orders are a mechanism for maintaining access to justice, especially in cases where one party holds the financial power. Without them, there is a real risk that individuals could be forced to self-represent in complex proceedings, often to their serious disadvantage. They ensure that Family Law matters are decided on their merits, not based on who can afford better legal advice. In Family Law proceedings, where the outcomes can have long-lasting personal and financial consequences, ensuring both parties have access to legal representation is critical.
Do not hesitate to get in touch with us with your questions.
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Megan Clark
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.