Dealing with the cost of legal advice or paying for legal representation in court can feel overwhelming. We know that many people worry about how they’ll pay solicitor fees, which adds additional stress at what may already be a very worrying time. If you’re in a situation where you need legal advice but are concerned that you don’t have the financial means to pay for a solicitor, legal aid may be the answer.
What is legal aid in family law?
If you can’t afford to cover the cost of legal representation, legal aid may be able to help you with some of the expenses related to your case. This service provides financial support for some or all of the cost of obtaining legal advice, going through family mediation or appointing legal representation for a court case or tribunal. Its purpose is to provide access to professional legal support to those who may not otherwise be able to afford a solicitor.
What types of family law cases qualify for legal aid?
Only certain types of cases qualify for legal aid. In the area of family law, the remit is quite broad and covers cases such as:
Domestic abuse: If you’re a victim of domestic violence or domestic abuse (including harassment), legal aid could help to cover the costs of seeking legal protection from your abuser.
Care proceedings: If social services are involved with your family and your child is at risk of being taken into care, you can also turn to legal aid to cover the cost of undergoing care proceedings.
Mediation: Many family law cases can benefit from mediation to resolve conflicts without requiring the courts to step in. If you could benefit from mediation to reach an agreement related to separation or divorce matters, such as financial agreements and child arrangement agreement, legal aid may be available to cover the cost of mediation.
Do I need to prove domestic abuse to qualify for legal aid?
You will need to provide evidence that domestic abuse has taken place to qualify for legal aid support for private disputes in respect of arrangements as to children.
The evidence can take many forms and includes:
- Evidence from a domestic violence support service or advisor
- A letter from your GP or another healthcare professional
- A letter from social services if they have been involved with your case
- Evidence of an arrest for domestic violence, bail for a domestic violence incident or a police caution for a domestic violence offence
- A letter from a police officer
- Evidence of proceedings against the domestic abuser for domestic violence
- An injunction protecting you from your abuser
- A letter from a local authority or housing association
- An expert report given as evidence in proceedings against your abuser
What are the financial eligibility criteria for legal aid?
Legal aid is financed by the public purse. It requires applicants to prove their eligibility for financial support before it agrees to cover all (or some) of the costs of legal advice, representation or mediation.
To qualify for financial assistance, you’ll need to show that your income falls below a certain threshold. Currently, your joint monthly income can be no more than £2,657 before tax and other withholdings to qualify.
You’ll also need to demonstrate that the total amount of your savings and other assets also falls below a certain level. The current limit is £8,000.
If you receive certain benefits, such as Universal Credit, Income Support or Job Seeker’s Allowance, you may also meet the financial eligibility criteria for legal aid.
Is legal aid available for child arrangements (child custody) or contact disputes?
Legal aid may be available for child arrangement and contact disputes if there is evidence of domestic abuse, or if your child is at risk of abuse.
What if I don’t meet the financial requirements – are there exceptions?
There are some exceptions to the financial requirements set by the Legal Aid Agency. For example, if your assets are greater than the £8,000 limit but you’re over the State Pension Age or there is an issue such as the ownership of the property is being disputed, you may still qualify.
There are also exceptions when it comes to domestic abuse and domestic violence cases, along with family law issues involving forced marriages.
If you aren’t eligible for legal aid, other organisations can provide advice and support including the Citizen’s Advice Bureau and Support Through Court. Some solicitors may also choose to work on your case on a voluntary basis, known as pro bono.
How do I apply for legal aid in a family law case?
Your solicitor will make the application for legal aid on your behalf.
National Legal Service is proud to be one of the largest providers of legal aid support to victims of domestic abuse in the country. If you’re not sure whether you’re eligible for legal aid, we can advise on eligibility and make the application for you. Contact us now to get started.
