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Income of spouses and partners of applicants for legal services

Spouses

An applicant should not be asked to provide information on the means of a spouse, unless the legal aid or advice being sought relates to a matter where the parties have a joint interest.

Partners

An applicant for legal services should not be requested to provide information regarding the income and capital resources of a cohabiting partner, unless the application relates to some matter in which the applicant and the partner have a joint interest, arising out of which it would be reasonable to expect a cohabiting partner to co-finance the cost of legal services.

General principle applicable to both spouses and partners of applicant
It is considered that the circumstances in which the income of an applicant’s spouse/partner will be requested will be rare, unless they are joint parties to the proceedings.