17/11/2018
Our Family Team are able to offer Legal Aid if you are eligible. In some matrimonial, family and children cases, Legal Aid can be available for advice and assistance, negotiation, or full representation at Court.
The Legal Aid Agency set out the three tests that you will need to satisfy to be able to receive funded or partially-funded legal representation in private family matters. These tests you will need to satisfy are the Scope Test, the Financial Test and the Merits Test.
We can assess whether you would be entitled to receive Legal Aid and apply to the Legal Aid Agency for funding. We pride ourselves on responding to your individual needs in provision of advice and assistance in matrimonial law, family law and children law cases, so even if you do not qualify for funding we can offer competitive fees or fixed fees so you can obtain initial advice about your options.
Scope Test
For most matrimonial, family and children matters, you will need to show that you are either a victim of domestic abuse from your opponent or there is a risk of harm to a child subject to the dispute.
The Legal Aid Agency set out a list of documentary evidence that you can provide to satisfy this test, some of which is time limited. It is very important that this information is accurate, and we can advise you on whether your circumstances or evidence will satisfy this test.
Financial Test
For most matters, you will need to show that you are financially eligible. The Legal Aid Agency set capital and income limits for this test.
You may satisfy this test if you are working and are of a low income. You may have much capital and disposable income after you have paid your mortgage or rent.
If you are in receipt of a passporting benefit, such as Universal Credit, Jobseekers’ Allowance (Income Based), Employment and Support Allowance (Income-Related) or Income Support, then you may satisfy this test.
The Legal Aid Agency require full disclosure of all your financial circumstances to satisfy this test. We can advise you on the documents you will need to provide.
Merits Test
The Legal Aid Agency also require a reasonable prospect of success to your case. If you are not sure, we can advise you on the merits to your case and whether Legal Aid will be available to you.
What next?
If you need help with a family matter and you think you may qualify for Legal Aid, contact our dedicated family team on 01924 505 071 or by email to [email protected] (please also provide your full name, address and contact number).
Further details are also available on our website which provides more specific detail in relation to specialised areas of Matrimonial / Family / Children law.
Always ask the solicitor you contact about legal aid eligibility
