Clause Code : RSM3

Spousal maintenance – apply for a spousal maintenance order or increase spousal maintenance

Clause type: Refusal

Solicitor clause wording

Legal aid is only available for a grant of legal assistance to make a court application under the Family Law Act 1975 for an order for spousal maintenance or to increase spousal maintenance, if: - the applicant for assistance cannot obtain the order by consent - the other party's whereabouts are known, or substituted service is likely to be successful - there is good reason to believe that the other party has the capacity, or is likely to have the capacity in the future, to pay spousal maintenance or increased maintenance (as the case may be), and - the applicant for assistance cannot obtain appropriate legal assistance from another source. Based on the information provided, we are not satisfied that your client meets the criteria for funding.

Client clause wording

Legal aid is only available for a grant of legal assistance to make a court application under the Family Law Act 1975 for an order for spousal maintenance or to increase spousal maintenance, if: • the applicant for assistance cannot obtain the order by consent • the other party's whereabouts are known, or substituted service is likely to be successful • there is good reason to believe that the other party has the capacity, or is likely to have the capacity in the future, to pay spousal maintenance or increased maintenance (as the case may be), and • the applicant for assistance cannot obtain appropriate legal assistance from another source. Based on the information provided, we are not satisfied that you meet the criteria for funding.