Legal Aid in Family Law - Do I Qualify?
Legal proceedings can quickly become expensive. If you need legal advice but can’t afford to pay, read on for some guidance.
What is Legal Aid?
There are different forms of Legal Aid, ranging from help with advice and paperwork, to family mediation, someone to speak for you in court or a solicitor or barrister to represent you in court. In April 2013, changes were introduced which significantly reduced the amount of support on offer, but if you are on a low income it is worth finding out whether you do qualify.
Can I get Legal Aid for Family Law Cases?
In most cases, you cannot obtain Legal Aid for family court proceedings such as divorce or disputes over assets and children, unless you can prove one of the following:
- You are a victim of domestic abuse or domestic violence and need legal advice
- To protect a child at risk of abuse
- If a local authority is initiating proceedings to take your child or children into care
- For family mediation in the case of divorce
You may also need to show your income and any assets to see whether you qualify and whether you will have to make a contribution.
The Gov.uk website has an online calculator which can help you to find out whether you might be eligible.
If I am eligible for Legal Aid, what will I Receive?
This depends on your income and whether you receive any benefits. If you receive certain benefits such as Income-based Jobseeker’s Allowance you are likely to be eligible for legal aid.
If your gross income is more than £2,657 a month then you won’t qualify. If it is less, then your disposable income will be worked out and if it is over a set amount then you will have to pay a contribution towards legal representation. The criteria also take into account any capital you have such as savings or whether you own your home when calculating if you are eligible and what you will receive.
If you do qualify for Legal Aid and go on to keep or gain assets such as property or money, you will have to pay what’s called the statutory charge to pay back some or all of the costs of your solicitor. You should therefore get advice on the effect this might have before beginning any court proceedings.
What happens if I don’t qualify but I can’t afford to pay legal fees?
This is a difficult situation to be in, and unfortunately there are no easy solutions. If you and your ex-partner can reach an amicable agreement, you could consider DIY divorce, but you will still have to pay some costs and there are some potential pitfalls you need to be aware of (see our post on DIY Divorce). One solution could be to have a fixed fee interview with a solicitor. There are also loans available for legal fees depending on the circumstances of your case.
Legal Aid – Further Advice and Information
A solicitor can advise on whether you might be eligible for Legal Aid and how to apply.
You might want to take advantage of one of our free telephone consultations to talk through your circumstances in more detail.
