Legal Aid

WHAT IS LEGAL AID?

Legal aid can help you pay for legal advice, family mediation and representation at Court.

WHAT IS LEGAL AID AVAILABLE FOR?

Legal Aid is available to people that have been subject to domestic abuse or are at risk of suffering domestic abuse or children that are in need of protection.

Domestic abuse can take many forms and includes psychological, physical, sexual, financial or emotional abuse.

If you have suffered domestic abuse or your case is deemed to be exceptional, then Legal Aid is available in the following areas of family law:

• Divorce and financial matters
• Child matters (such as deciding where a child will live and with whom a child will spend time with)
• Mediation
• Care proceedings
• Obtaining Non-Molestation Orders and Occupation Orders
• Sending a warning letter to an ex-partner (evidence of domestic abuse is not needed, but financial means must be proven)

WHEN IS LEGAL AID AVAILABLE?

Legal Aid is available for people that are in receipt of certain benefits or for those that are on a low income and have minimal capital.

EVIDENCE THAT IS REQUIRED

As well as evidence to prove your financial position such as a recent letter detailing the benefits you receive, bank statements and wage slips, the Legal Aid Agency will require evidence of domestic abuse, which our team will go through with you.

AM I ELIGIBLE?

In addition to having to demonstrate that you are a victim of domestic abuse or are at risk of suffering from domestic abuse, Legal Aid is means and merits tested.

MEANS TESTED

This relates to your financial situation. You have to prove that you are unable to fund the cost of your legal fees yourself.

If you are in receipt of the following benefits then you will automatically be financially eligible to Legal Aid as these benefits are "passport benefits":

• Income Support
• Jobseeker's Allowance (income-based)
• Employment and Support Allowance (income-based)
• Pension Credit - Guarantee Credit
• Universal Credit

If you are in receipt of a passport benefit, you will no longer be eligible for Legal Aid if you have capital worth more than £100,000.

If you have a job you may still be eligible for Legal Aid however, in these circumstances you may have to make a contribution towards the payment of your legal fees.

If you have a partner, his or her income will be taken into account in the financial assessment.

MERITS TESTED

Some family law matters are assessed based on their merits. This means that to qualify you must have a good chance of success and the benefit you will receive from commencing legal proceedings must exceed the cost of the proceedings. It must be clear to the Legal Aid Agency that you have a 50% chance or higher of succeeding.

You will be required to provide evidence of your financial status to support your application.

WHAT IF I DO NOT QUALIFY?

If you do not qualify for Legal Aid, but you are unable to meet the cost of your legal fees, and you would have been eligible financially, but you do not have the requisite evidence for domestic abuse, please contact us to discuss alternatives such as reduced fees.