Who is eligible for legal aid?
As a department specialising in family law, we often get asked about legal aid and who is eligible. Unfortunately, this funding is very restricted and only open to certain individuals and in specific cases. You may find that you need support due to domestic abuse, the splitting of finances, getting a divorce or sorting out who will have custody of any children from the relationship. There are often concerns about the costs of obtaining necessary professional, legal advice and so the question of accessing legal aid comes into play.
What is legal aid?
Put simply, legal aid is a government scheme which will help to cover the costs of using a family lawyer, solicitor or barrister. It can be used to pay for legal advice, mediation and court representation.
The Legal Aid Agency is in charge of providing legal aid in England and Wales.
Who is eligible for legal aid?
The best way to check if you are eligible for legal aid is to use the government’s online tool: https://www.gov.uk/check-legal-aid
However, in summary, for those looking for legal aid support with private law family matters (not to be confused with public law matters e.g. those which include the local authority or social services), the individual must satisfy the government’s merits test alongside a financial means test.
These tests will take into consideration:
- Your legal issue (scope)
- Whether there is any evidence of domestic abuse. that satisfies the legal aid gateway requirements
- How much money you earn or if you are in receipt of benefits
- Savings held
- Assets owned e.g. property
- Viability of your case and the likelihood of success
- Cost vs benefit to the client
The individual must satisfy the merits test to meet the requirements alongside the financial means test requirements. However, you do not require evidence of domestic abuse if you are applying for injunctive relief proceedings such as non-molestation or occupation orders. All other legal aid applications must meet the above requirements and provide evidence of domestic abuse on matter such as child arrangement orders or other family matters.
If you keep or gain money or assets as a result of your case, this means that you may have to pay back your legal costs at the end of your case from money or assets kept or gained, or costs awarded in your favour.
GA Solicitors in Plymouth has close links with various service providers who provide advice to those who have been victims of domestic abuse, particularly Plymouth Domestic Abuse Service (PDAS) and Trevi.
You can read more about our work with domestic abuse victims here.
Do all solicitors and law firms offer legal aid?
No, not all law firms offer legal aid to their clients. Due to a lesser number of firms offering this service, it can often mean that there is a longer wait time to speak to a family lawyer or solicitor.
We are pleased to be able to offer legal aid to clients wherever possible and capacity allowing. You can contact our family solicitors in Plymouth by calling 01752 203500 or emailing enquiries@GAsolicitors.com. You can also email me directly via lauren.walker@GAsolicitors.com.
If we are unable to help, then you can also find alternatives using the government online search tool: https://find-legal-advice.justice.gov.uk/
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