Advice and assistance and financial verification in prisoners’ cases: aggregation of partner’s resources

The resources of spouses and partners have to be taken into account when assessing financial eligibility. With the exception of the following:

  • The opponent has a contrary interest.
  • The parties are living separate and apart.
  • It would be inequitable or impractical to do so.

The parties are not automatically “living separate and apart” for the purposes of financial assessment just because your client is in prison.  For the spouse or partner’s financial resources to be disregarded, the marriage or relationship must be at an end.

Therefore, you should satisfy yourself on the financial resources of a prisoner’s spouse or partner and obtain the verification described, unless any of the above exceptions apply.

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