Despite the drastic cuts made to Legal Aid within family law in April 2013, Legal Aid is still available in certain circumstances.
At Ramsdens, we are proud to continue to be Legal Aid family solicitors – we are a firm that is appointed by the Legal Aid Agency to provide Legal Aid to our clients for family law matters.
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 where children are at risk of harm.
Domestic abuse can take many forms and includes psychological, physical, sexual, financial, coercion, control 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 Arrangements (such as deciding where a child will live and with whom it will spend time)
- Care proceedings
- Obtaining Non-Molestation Orders and Occupation Orders
Who is Legal Aid for?
Legal Aid is available for people who are in receipt of certain benefits or for those who are on a low income and have minimal capital.
Evidence that is required
As well as evidence to prove your financial position, such as bank statements and wage slips, the Legal Aid Agency will require evidence of domestic abuse (this does not apply to Non-Molestation Order and Occupation Orders), which our expert and sensitive 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 Legal Aid
This relates to your financial situation. You will 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 pass the ‘income test’ as these benefits are ‘passported 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 passported benefit, you may still not be eligible for Legal Aid if you have capital assets.
If you have a job or some capital assets, you may still be eligible for Legal Aid, however, in these circumstances you may have to make a contribution towards your legal fees. A contribution may be required on a monthly basis from your income or a one off payment from capital.
If you have a partner, his or her income will be taken into account in the financial assessment.
Merits tested Legal Aid
Some family law matters are assessed based on their merits. This means that to qualify, you must have good prospects 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.
What if I do not qualify?
If you do not qualify for Legal Aid, we can discuss alternative options with you.
