Support for Legal Costs by the other spouse (LCP)

In matrimonial cases in Hong Kong, the LCP refers to the Legal  Costs Provision that allows the court to order one party to pay the legal costs of the other party in advance. This can happen before, during or after divorce, separation or financial and child custody proceedings.

The LCP aims to ensure that parties, particularly the more financially disadvantaged party, have access to adequate legal representation to defend their interests. If a party is able to demonstrate financial need and insufficient resources to cover legal costs, the court may award an advance fee to help cover these expenses.

When an LCP is granted, the court can order the other party to directly pay or contribute to the legal costs of the receiving party. The amount of the LCP will depend on the circumstances of each case, including the financial resources of the parties, the complexity of the case and the reasonable needs of the receiving party.

It is important to note that the court has wide discretion when granting a LCP and determining its amount. The court will carefully consider the evidence and arguments presented by the parties before making a fair decision.

The test for eligibility for LCP in the context of matrimonial cases in Hong Kong can be described as follows:

For a party to be eligible for an LCP, they must demonstrate to the court that they meet certain financial criteria. The main elements considered in this eligibility test include:

1. Limited financial resources: The party requesting an LCP must prove that they have limited financial resources to cover the legal costs necessary to defend their interests in the matrimonial case. This may include limited income, limited assets, or significant debts.

2. Reasonable need: The party requesting an LCP must demonstrate that there is a reasonable need to receive financial assistance to meet legal costs. This may be due to a financial imbalance between the parties, difficulty accessing financial resources, the inability to pay legal fees out of one's own pocket, or the unavailability of Legal Aid.

3. Contribution of the other party: The court will also assess the other party's ability to contribute to the legal costs of the party seeking an LCP. This may include reviewing the income, assets, and financial obligations of the other party.

The court will carefully review the financial evidence presented by the parties, including financial statements, tax returns, bank statements and expense receipts. It will also take into account the specific circumstances of each case, including the complexity of the matrimonial matter and the reasonable needs of the party requesting an LCP.

It is important to note that the court has discretion when it comes to granting an LCP. Therefore, even if a party meets the financial criteria, the court may consider other relevant factors before making a final decision.

In summary, to be eligible for a Legal Costs Provision (LCP) in the context of a Hong Kong matrimonial case, a party must demonstrate limited financial resources, a reasonable need for financial assistance and the limited ability to pay the costs. legal costs. The court carefully reviews the financial evidence and takes into account the specific circumstances of each case before deciding whether to grant an LCP.

Romain Pierre Levaire is a specialist in the law and procedures relating to divorce, children and post-separation financial disputes.