What is legal aid?
Legal aid is public money to help pay for legal advice, family mediation and court representation.
What types of legal aid are there?
- Legal Help: Provides initial legal advice and assistance.
- Legal Representation: Provides legal representation at the court and a family lawyer to prepare your case.
- Family Mediation: Provides assistance with the costs of our trained mediator providing assistance and hopefully reaching agreement between you and your former partner.
How to qualify for legal aid
There are usually three considerations for legal aid:
- Scope: Does the case fall within the scope of legal aid? Legal aid is only available in certain types of cases.
- Means test: Legal aid is restricted to certain financial limits, for example, your disposable income cannot be above £733 monthly, you can only have savings up to £8000.
- Merits test: The Legal Aid Agency will look at if you have a strong case, it will consider the likelihood of success, the reasonableness of costs and benefit to yourself. We will prepare a statement setting out why you need legal aid.
Legal aid is available for these types of cases:
- Where Social services are involved in relation to your children
- Forced marriage.
- Domestic abuse including physical, psychological, emotional, sexual, financial and coercive controlling behaviour.
- Family mediation.
When is legal aid generally not available in Family Law?
Usually, cases relating to divorce and property/finances, as well as child arrangements – (where a child lives and what time they spend with the other parent), do not qualify for legal aid. If, however, you have evidence of domestic abuse, or child protection issues, it may be possible to get Legal Aid. The Legal Aid Agency will require evidence of any abuse, this could come from:
- the courts, for example, if an abuser is charged with a criminal offence
- the police, for example, if an abuser has been arrested/questioned
- a multi-agency risk assessment conference (MARAC)
- social services
- a health professional, e.g. a doctor, nurse, midwife or health visitor if you have reported abuse to them
- a refuge manager
- a domestic violence support service
How do I qualify for legal aid?
Where social services have applied for a care or supervision order in respect of any of your children, birth parents or anyone who shares Parental Responsibility will be granted legal aid.
If you are in receipt of ‘passporting’ benefits which include Income-Based Jobseeker’s Allowance, Universal Credit, Income Support, Pension Credit – Guarantee Credit and Income-Related Employment and Support Allowance, you may qualify for legal aid.
If you are not in receipt of any of those above benefits, a more detailed assessment of your finances must be carried out. Your gross monthly income must be £2,657 or less and your disposable monthly income must be £733 or less. The limit of disposable capital you are permitted to have is £8,000. This is looked at even if you receive one of the ‘passporting’ benefits. The above limits are not applicable in cases involving domestic abuse and forced marriage. If you are living with a new partner, their income and capital will be taken into account.
If your case involves domestic abuse or forced marriage the financial limits may not apply.
For divorce, property/financial matters and disputes regarding children where social care aren’t involved, to qualify for legal aid, you must have evidence of domestic abuse or child protection issues in addition to being financially eligible. The rules around legal aid are complex contact our Family Team who will assess if you qualify. Telephone 01226 210000 or email family@mkbsolicitors.co.uk.