Legal Aid Divorce & Financial Settlements
As you may be aware from the media over the years, after the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) on 1 April 2013 large areas of legal aid (government assisted funding for legal advice) experienced cuts leaving many people with limited access to legal advice. This applied to legal aid available for family law and perhaps more notably on divorce, financial settlements and children arrangements except in specific circumstances.
Need help from our Specialist Divorce Solicitor?
When is legal aid available for divorce and separation?
Legal aid may be available to you for your divorce and separation and related financial and children matters. However, this will generally only be available where you are able to show that you or your children (if relevant) are or have been at risk of harm (‘the merits test’) and that you are financially eligible (‘the means test’).
Eligibility requirements for legal aid
The merits test
Typically the Legal Aid Agency will accept evidence from the following:
- A domestic violence conviction or caution.
- Police bail for domestic violence.
- A Non-Molestation or Restraining Order.
- An undertaking having been given for domestic violence.
- A finding of fact of domestic violence within last 60 days.
- Social Services assessment of domestic violence within last 60 days.
- Medical evidence of injuries/condition consistent with domestic violence.
- A stay or refused entry to a refuge.
- Referral to a domestic violence specialist support service.
- MARAC protection plan in place.
*Please note that from time to time the Legal Aid Agency criteria can change.
If the above evidence is relevant to you and your circumstances and you need to obtain copies or confirmation of this, the government website here sets out helpful guidance and template letters to request the necessary evidence to be sent to you.
Where you have the above evidence, you will also need to prove that you are financially eligible.
If the above evidence is not available, regrettably you will not be eligible for legal aid.
The means test
An assessment of your income and capital will also be required. The Legal Aid Agency have a set calculation to consider this.
You can check your eligibility online in the first instance here on the government website.
Alternatively, the Civil Legal Aid advice line can carry out an assessment for you on 0845 345 4 345. If you are eligible, they will be able to provide a list of legal aid providers.
The Civil Legal Aid advice line will also be able to answer any queries you have in respect of legal aid, and they are usually the first port of call for anyone considering legal aid.
I am not eligible for legal aid for my divorce what can I do?
There are a few options available to you to obtain legal advice where legal aid is not available.
Firstly, to obtain the best legal advice available this would be to instruct a specialist solicitor to provide tailored advice to you and your circumstances and this is available on a privately basis.
If you cannot afford a solicitor, the following avenues are available:
Free advice clinics either at your local Citizens Advice Bureau, a Pro Bono law clinic, Support through Court centre or a local solicitors firm who offer free legal advice clinics.
There is also a wealth of online information and guides available online to help give you an overview on what to expect such as: Advicenow; Gingerbread and DivorcedParents.
How can Keats Family Law help me?
In the first instance, we offer a Fixed Fee initial appointment. You can find more details here.
Please keep an eye on our website and facebook page for further details of our upcoming free legal advice clinics.
Contact our Specialist Divorce Solicitor to book a fixed fee initial appointment.
In the meantime, have a look at some of our articles on divorce…
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