The resources of your client’s spouse or partner must be included in the assessment, unless:
There is a contrary interest in the case for which legal aid is sought
Your client and their spouse or partner are separated – by “separated” we mean that they consider the marriage or relationship to be at an end.
By “partner”, we mean anyone your client lives with as if married. This also applies to same sex couples.
If you believe the resources of your client’s partner should be disregarded on the grounds that the partner holds a contrary interest in the case, you need to tell us why. You need to show us that the spouse or partner is seeking a different outcome from your client. This is not the same as where a partner simply has a different interest in the proceedings for example where the partner may be called upon to give evidence which is detrimental to themselves or your client but regardless they still seek the same outcome as your client.