Legal services payment orders — making the other side pay for your lawyer

REVIEWED BY: Sean McNamara on 2026-09-01

A plain-English guide to legal services payment orders (LSPOs) in England and Wales: what they are, when a court can make one, and how to apply. General information only — not legal advice.

We are an independent information resource, not connected to HMCTS, the Ministry of Justice or any law firm, and we take no referral fees.

What an LSPO is

A legal services payment order is an order that one party to financial remedy proceedings (divorce, dissolution or nullity money cases) must pay a sum towards the other party's legal costs — the lawyer's fees for the proceedings themselves. The power comes from section 22ZA of the Matrimonial Causes Act 1973 (inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012). It was introduced to fill the gap left when most private family cases lost legal aid.

Do not confuse an LSPO with:

a maintenance pending suit order (periodic payments for the spouse during the case) — see our maintenance pending suit guide;
an interim costs order made under the Family Procedure Rules after, for example, an unsuccessful without-notice application.

An LSPO is specifically about funding legal representation.

When the court can make one

The court may make an LSPO only where the applicant would be unable to obtain appropriate legal services without the order, and in particular where the applicant is unlikely to qualify for legal aid. Relevant factors under s.22ZA include the income and earning capacity of both parties and the availability of assistance from a litigation friend, and the court must have regard to the likely cost and the parties' respective financial positions. The judge can also consider whether the applicant has tried and failed to obtain a conventional litigation loan ("stability of resources" case law).

Who it can be ordered against

Only the other party to the marriage/civil partnership (or a person in specified categories connected with the proceedings, such as a party to proceedings in which a financial remedy is sought). The court cannot make an LSPO against, for example, a family member who is not a party, except within the limited statutory categories.

Applying for an LSPO

An LSPO application is made within the financial remedy proceedings using the standard application route in those proceedings (an application notice), and is usually decided at an interim hearing.
You will need a short, focused statement of: the fees you need funding for, what you have already paid or can borrow, your income and resources, and the respondent's financial position (usually from their Form E — see our D81 and disclosure guides).
Costs of the application follow the general family costs rules — in financial remedy proceedings each side normally bears its own costs unless there is misconduct or the case falls within the exceptions (FPR 2010, Part 28 and Practice Direction 28A).
Court fees for applications are listed on GOV.UK — court fees; fee exemptions (remissions) may apply — see the GOV.UK help with fees page.

Practical notes for self-represented parties

Keep the application proportionate: a short affidavit/statement with figures beats an essay.
Bring evidence: quotes or estimates from your solicitor/counsel, bank statements, and any rejection of credit or a loan.
If you have no lawyer at all yet, read our funding your case map and court fees guides first.

Official sources

Nothing here is legal advice. For advice on your own case, consult a regulated family lawyer or a family mediation service, or contact Citizens Advice.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.