Legal aid is obtained via the Legal Aid Agency. Legal aid covers the costs of legal advice and representation at court hearings, usually at no cost to you.

When you automatically qualify

If you are a parent involved in family court proceedings brought by a Local Authority, you automatically qualify for legal aid, regardless of your financial situation. Contact our family law care team for more information.

Other family court cases

For court proceedings regarding disagreement about child arrangements or financial matters after divorce/dissolution, legal aid is not automatic. You must meet strict criteria set by the Legal Aid Agency.

You can find out more information here: Check if you can get legal aid – GOV.UK

1. Gateway evidence

You must either:

1. Be or have been a victim of domestic abuse/violence and have independent evidence from a third party that is acceptable to the Legal Aid Agency, or
2. Have a letter or child protection plan from social services confirming that your child has been abused or is at risk of being abused by the other parent.

Acceptable supporting evidence of domestic abuse includes:

• A supporting letter from your GP, domestic abuse support worker or local authority;
• Records from the police such as an arrest or caution for a domestic abuse related offence or   a domestic violence/abuse protection notice;
• A family court order recording findings of domestic abuse

You can access template letters for requesting supportive letters here: Sample letters to get evidence of domestic abuse – GOV.UK

2. Financial eligibility / means assessment

You must pass various financial tests, namely:

1. Be in receipt of certain state benefits such as universal credit or be of a low income (gross income less than £2,657 per month and disposable income less than £733 per month), and
2. Have capital (savings, property or other valuable assets) with a value of less than £8,000.

There are lots of other considerations that form part of the means assessment including if you own your home, if you live with a partner and how to calculate disposable income.

If you receive money or property as a result of financial remedy proceedings, the Legal Aid Agency can seek for you to pay back your legal fees incurred by way of implementation of the statutory charge. You can find out more about the statutory charger here: The Statutory Charge Manual

You may be asked to make a monthly or one off contribution to the costs of your legal aid.

3. Merits assessment

The Legal Aid Agency will assess whether it is reasonable and appropriate to grant you funding depending on your specific circumstances.

Factors that are considered as part of this assessment include:

• Details of the domestic abuse suffered by you or your child;
• Why it is not possible to resolve the disagreement outside of court proceedings;
• If you are opposing a court application made by your ex-partner, why and whether this is reasonable.

Next steps

If you think you are eligible for legal aid, please contact a member of our team.

If you are not eligible for legal aid, we can assist you on a private fee arrangement instead. Please contact a member of our team to book an initial advice meeting with a view to providing a cost estimate for your matter thereafter.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.