Legal aid for family law is available to those who have a serious problem and cannot afford to pay for the associated legal costs. Not all cases are taken to court, however, in some situations, this is the followed procedure and some families may not be in a position to afford the expense. Using legal aid for family solicitors is then possible, however, one has to be able to show that his or her case is one that deserves such treatment. Applying for legal aid can be very helpful for families in the UK. Our divorce lawyer in London will help analyse your case and will give you an answer on whether or not you are eligible for legal aid. Even in those situations in which you do not qualify, our team will strive to provide you with guidance on how to best proceed forward, according to your unique family situation.
| Quick Facts | |
|---|---|
| Who is legal aid for? | For those who have a serious legal issue and cannot afford the legal costs. |
|
What types of persons are likely to be eligible? |
People at risk of abuse or harm, those risking homelessness, citizens who face prison, etc. |
|
What types of cases is legal aid available for? |
Civil and criminal cases – our legal aid family solicitors in London can provide details. |
| Legal aid for divorce in the UK | In those cases in which the applicant needs advice on divorce, if in an abusive relationship. |
| Legal aid for children |
In situations in which a child risks being taken into care. |
| Legal aid in the UK for the elderly |
When an individual is at risk of poor care, due to age or disability, among other cases. |
| Legal aid when arrested |
Yes, when the applicant has been arrested, charged, or is being questioned by the police. |
| Appeals via legal aid |
When the applicant needs to appeal a decision made by the social security tribunal (Conditions apply, our team can provide details). |
| Legal aid for mediation |
Possible for family mediation (such as in the case of divorce, subject to conditions). |
| Situations in which one’s financial situation is not taken into account | If a child is abducted, for children who are in care, in cases concerning mental health tribunals. |
| What is covered |
Legal advice, legal representation in court, family mediation. |
| What you may have to pay |
Legal aid may not cover all your legal costs; you may need to pay for some of these costs upfront. |
| Emergency legal aid |
Yes, possible for those who need urgent court representation. You can contact our legal aid family solicitors in London for details. |
| Eligibility verification |
Upon request, our team will verify your personal situation to determine if you are eligible for legal aid. |
| How we can assist you | Our legal aid family solicitors in London can help you apply for legal aid. |
| Civil cases you can get legal aid for | Family problems, housing issues, debt. The problem needs to be serious. |
|
Evidence for civil cases |
Includes different types of documents (a court order for divorce, letter from the general practitioner in cases of abuse, etc.) |
|
Criminal cases you can get legal aid for |
Theft, serious road traffic accidents, murder, rape, etc. |
| Aid for individuals in custody | Initial legal assistance for such individuals, if the Director of Legal Aid Casework believes the person qualifies. |
| Determining qualification for criminal legal aid in the UK |
According to the financial resources regulations and if it is in the interests of justice. |
| The merits of the legal aid case: interest of justice |
Criminal legal aid is awarded if the case merits it (the nature of the offence, the individual’s previous convictions, etc.). |
| The Widgery criteria |
Used to determine the interest of justice, whether or not the individual is entitled to legal aid based on merits |
| Examples of Widgery criteria |
Likelihood to lose one’s liberty or one’s livelihood, lively serious damage to reputation, etc. |
| Criminal legal aid means test |
The financial position is taken into account based on the household income, capital and equity, and outgoings. |
| Full means testing | This is used if the adjusted annual income is more than £12,475, but less than £22,325. |
| Crown Court costs aid |
The means test is also used to determine if the individual can receive aid for the defence costs if the case is taken to a Crown Court. |
| Legal aid application forms |
Our team can give you details about the different application forms, such as the electronic forms for criminal legal aid. |
| Differences between legal aid for cases brought to the Crown Court vs. the Magistrate’s Court |
There are different means testing schemes to determine eligibility for legal aid in the UK. |
| When to contact us |
For qualifying individuals, as soon as you are in need of legal advice or court representation. |
| Why work with us | We have an experienced team of solicitors in London who can help you with different legal matters. |
Table of Contents
What are the situations in which one can get legal aid?
Our family law solicitors for legal aid work with vulnerable families or individuals who will benefit the most from this type of help offered by the authorities. We do wish to outline that the legal aid offered in this manner targets the legal costs, for example, those to start the legal proceedings and will cover (most of the time, in part) the costs for working with our team of family law solicitors.
We briefly touch on the subject of legal aid for family law below and we invite those who are interested to reach out to us for more details.
Legal aid can be of tremendous help when one is in a serious or potentially dangerous domestic situation and, without this state aid, he or she would be unable to resolve the problem. The aid can cover the costs of getting legal advice for a team of solicitors, just as well as it can cover the costs of court representation.
Family law solicitors for legal aid, such as our team, specialize in counseling individuals who are included in the eligibility categories on how to apply for and benefit from this aid.
Examples in which one can get legal aid include the following:
- risk of violence: the individual is possibly at risk of great physical harm from domestic violence or forced marriage;
- risk of homelessness: when the person risks eviction and homelessness/losing one’s home altogether if legal proceedings are not used to stop this;
- criminal sentence: the individual has been accused of a crime and faces prison and is unable to pay for the legal counsel or court representation that would help him or her;
- other situations: one’s case can be brought under the Human Rights Act or one has been discriminated against.
Asking for legal aid for family law solicitors can be a common scenario in which one accesses this aid. The support thus provided can be especially important in many family law cases that can include divorce or escaping an abusive relationship.
One should note that a case qualifies for legal aid depending on its type and the specific financial circumstances of the applicant. This is to say that the family or individual asking for aid must provide adequate information about the income per household.
It is useful to point out that even if awarded, legal aid may not cover the entire costs of the case. The Legal Aid Agency has a role to play in awarding the aid and administering the case. Our team of solicitors specialising in family law can give you more details.
What can you get for legal aid in the UK?
Our legal aid family solicitors in London list the types of civil legal services can be available:
- legal help;
- help at Court;
- help with family mediation;
- legal representation in certain types of proceedings such as those in the Health, Education and Social Care Chamber of the First Tier Tribunal.
The civil legal services listed above are non-contributory for the client. What this means is that, provided one qualifies for the financial limits listed below in this article, then these types of services are offered without the payment of further contribution from income or capital.
A special situation applies in the case of child applicants who wish to apply for controlled legal representation: starting with August 2023, minors (persons under 18 years of age) are not subject to the means testing. However, when such an individual applies for funding for legal help at court, or with family mediation, a determination of their financial resources is still necessary.
Our team of legal aid family solicitors in UK knows how to check if one is eligible for legal aid and will provide interested individuals in England with all the needed information on how to proceed, should their case prove to be eligible.
What are the income and capital limits for legal aid for family law?
In order to qualify, the general agreement is that the client’s gross income must be 2,657£ per month or less. However, a higher limit applies to those who have more than four dependant children. The following monthly gross income caps are in place:
- 2,657£ for families with no children or no more than 4 dependant children;
- 2,879£ for families with 5 dependant children;
- 3,101£ for families with 6 dependant children;
- 3,545£ for families with 8 children;
- for families with 9 or more children, an additional 222£ per month for each child is considered.
Individuals who receive Income Support, Income Based Jobseeker’s allowance, Income-Related Employment, and Support Allowance, Guarantee Credit or Universal Credit satisfy the conditions for receiving civil legal services.
The eligibility limits are calculated according to several principles (please see below), however, apart from the gross income per month according to the number of children, the following are also taken into account, as listed below by our family lawyers in London:
- the disposable income limit: a monthly value of £733;
- the disposable capital limit: is set at £8,000 for civil legal services, with the exception of immigration matters (involving the Immigration and Asylum Chamber of the First-tier Tribunal and that of the Upper Tribunal in appeal cases) – in this situation, the cap is set at £3,000.
- special situations: upper eligibility limits are lifted when a client applies for legal aid for the purpose of protection against domestic violence or forced marriage; please refer to our family solicitors in the UK in these special cases.
The order in which the types of income are tested for the purpose of awarding legal aid is the following, described by our legal aid family solicitors in London:
- a verification of the client’s personal situation: whether or not he or she has a partner whose income is also included (please see below);
- check if the individual receives any passporting benefits; if this is the case, then only the disposable capital test is performed;
- if no passporting benefit applies, then the gross monthly income is tested; our family lawyers in London can give you more details;
- the disposable income test is verified after the gross monthly income;
- when the client passes the income means test, the final evaluation is the one for the disposable capital, which cannot be higher than £8,000 or £3,000 as detailed above for the disposable capital limit.
Guidelines for determining financial eligibility for legal aid
For the purpose of the calculation for legal aid in the UK, gross income means income before any deductions, apart from any housing benefit paid under the Social Security Contributions and Benefits Act. The gross income cap is used to filter out clients because, if a client has a gross income below the relevant cap, then his/her disposable income and disposable capital is assessed in order to determine eligibility. Our family law solicitors in the UK will be careful when assessing your case, both in terms of ascertaining the gross income, and the disposable income and disposable capital.
The calculation period for the needed financial determination is the calendar month up to the date of application for legal aid (including this date). However, in most cases, the income or allowances will have the same value each month. When these do not vary on a month-on-month basis, the determination can be based on the client’s most recent payment (supported with a pay slip).
Our legal aid family solicitors in London would like to remind our clients of another important principle when calculating one’s financial status for the purpose of receiving legal aid: the aggregation of means principle. Essentially, when determining the client’s resources, the calculation will also take into account the partner’s income. In those situations in which the couple is irretrievably broken down, the partner’s income is not taken into account, however, as our divorce lawyer in London can explain, when the couple is merely physically separated (due to practical reasons, for example), then the income amounts will still be aggregated.
When you choose to work with us, our team of family law solicitors applies for legal aid on your behalf, and for those who qualify the government pays the costs directly.
Our services
Because Family Law covers a broad spectrum of issues related both to starting a life together and ending a partnership, it is preferable to work with a lawyer who specializes in your area of interest. Our team of family law solicitors in London brings together experts who have worked in all areas of Family Law, from divorce and international divorce to domestic violence to cohabitation, same-sex relationships in the UK and financial issues. Between them, our lawyers have valuable years of experience and can help you with any matter covered by the UK Family Law.
Some examples of our services are listed below:
- Living together: our specialists can provide you with details about getting married, the registration process for a civil partnership and can help you draw up pre-nuptial agreements;
- Divorce: specialized legal assistance from our divorce solicitors in London and legal aid for sorting financial issues;
- Children: child maintenance issues after a divorce, child custody as well as issues related to child abuse;
- Domestic violence: we provide specialized legal aid to victims of domestic violence and abuse;
- Inheritance: our solicitors can help you with information about inheritance, wills, the rules of intestacy and other matters.
If you would like to know more about a particular issue described above, please feel free to reach out to our family solicitors in London. Our experts can provide you with the right aid no matter the stage of the relationship you are in. We also provide services for individuals in same-sex relationships regarding issues that may concern living together in the UK, civil partnership agreements and civil partnership dissolution/divorce.
Contact us if you require legal aid for family law solicitors. We can help you with information about your case and the projected costs.
