If you’re facing a family court case, you may be wondering whether you can get legal aid to help pay for the costs of your case. The idea of going through a court process, especially in family matters, can be overwhelming and expensive. Legal aid can offer vital support, but it is not always available for everyone. This article will help you understand what legal aid is, who can get it, and how to apply for it if you’re eligible.
Let’s break down the important points in simple terms so that you can understand your options when it comes to legal aid in family court.
What is Legal Aid?
Legal aid is government funding that helps people pay for legal advice, court representation, and sometimes mediation. It is designed to ensure that people who cannot afford to pay for a solicitor or barrister themselves still have access to justice.
In family court cases, legal aid can cover costs for things like:
- Legal advice from a solicitor
- Family mediation to help resolve disputes
- Representation in court if your case goes to trial
However, not everyone qualifies for legal aid. There are rules about who can get it, and your eligibility will depend on your financial situation, the type of case you’re involved in, and whether your case has legal merit.
Types of Family Cases That May Qualify for Legal Aid
Legal aid is not automatically available for all family cases. To see if you can get legal aid, you need to check whether your case fits into one of the categories where legal aid might be available. Here are some common types of family court cases where legal aid might be provided:
1. Domestic Abuse Cases
If you are a victim of domestic abuse, legal aid may be available to help you get a court order, such as a non-molestation order (to stop your abuser from contacting or coming near you) or an occupation order (to prevent the abuser from staying in the family home). To qualify for legal aid in domestic abuse cases, you will need to provide evidence of the abuse.
2. Child Protection Cases
If social services are involved in the care, protection, or supervision of your child, legal aid may be available. For example, if social services are applying to the court for a care order, you may automatically qualify for legal aid. Legal aid may also be available if you’re involved in a case about where your child should live or who they should see, and the child is at risk of harm.
3. Child Arrangement Orders
If you’re in a dispute about where your children should live or how they should spend time with each parent after separation or divorce, legal aid might be available, especially if there are concerns about the safety of the child, such as risk of abuse.
4. Divorce and Financial Disputes (with evidence of domestic abuse)
If you’re going through a divorce and need legal advice about sorting out finances, legal aid may be available if there is evidence of domestic abuse. However, legal aid for divorce and financial disputes is generally limited, and you may need to prove that you’re experiencing abuse before you qualify.
5. Forced Marriage or Honour-Based Violence
If you’re at risk of being forced into marriage or are already in a forced marriage and need legal help to escape the situation, you may be eligible for legal aid. This can include applying for a court order to protect yourself from forced marriage.
The Three Key Tests for Legal Aid
There are three main tests that determine whether you can get legal aid: the scope test, the means test, and the merits test. Let’s go through each one so you know exactly what to expect.
1. The Scope Test
The scope test checks whether your case is the type of case that legal aid can cover. Not all family law cases are covered, so it’s important to check if your issue falls within the scope of legal aid. For example, if you’re involved in child protection proceedings, you are likely to qualify. But if your case is about a general dispute between family members, you may not be eligible.
2. The Means Test
The means test looks at your financial situation to determine if you can afford to pay for a solicitor yourself. If you have a low income and limited savings, you may qualify for legal aid under this test. However, if you earn above a certain threshold or have significant savings or property, you may not qualify.
If you have a partner, their income will also be considered when determining your eligibility. You will need to provide details of your financial situation, including income, savings, and other assets. A solicitor will usually help you assess whether you meet the financial criteria.
3. The Merits Test
The merits test evaluates whether your case has sufficient merit to proceed with legal aid. This means that there needs to be a reasonable chance of success, and the case must be considered reasonable in terms of the costs involved.
For example, if you’re seeking a child arrangement order and it looks like your case has strong grounds, then you may pass the merits test. On the other hand, if the court is likely to reject your claim, you may not be eligible for legal aid.
How to Apply for Legal Aid in Family Court
If you think you might qualify for legal aid, the next step is to apply. Here’s what you need to do:
Step 1: Check if Your Case Qualifies
Before you apply, it’s important to check whether your case is covered by legal aid. If your case involves issues such as domestic abuse, child protection, or forced marriage, you may qualify. If you’re unsure, you can always ask a solicitor who specialises in family law to help you understand your options.
Step 2: Financial Eligibility
You’ll need to show that you meet the financial criteria. There is a financial eligibility tool on the UK government website, which you can use to check if you qualify. You will be asked to provide information about your income, savings, and any benefits you receive. If your case is related to domestic abuse, you might still qualify even if your income exceeds the limit, but you may have to make a monthly contribution.
Step 3: Find a Solicitor Who Accepts Legal Aid
You can only apply for legal aid through a solicitor who is authorised to provide legal aid services. It’s important to find a solicitor who specialises in family law and is on the Legal Aid Agency’s approved list. You can search for a solicitor through the Resolution website, which lists family law solicitors who accept legal aid.
Step 4: Submit Your Application
Once you have a solicitor, they will help you complete the legal aid application. They will assess your eligibility, check if your case has merit, and submit the application to the Legal Aid Agency. If the application is successful, the agency will issue a legal aid certificate, which details the funding you’ll receive.
Step 5: Wait for the Decision
After you apply, the Legal Aid Agency will review your case and determine whether you qualify for funding. This process can take some time, so be patient. If you are approved, you’ll receive a legal aid certificate. This certificate will specify the amount of funding you have, the types of services covered, and any conditions attached.
What Happens if You Don’t Qualify for Legal Aid?
If you don’t qualify for legal aid, you’ll need to find another way to pay for your legal costs. There are a few options available:
- Private Funding: You can pay for the legal costs yourself, either through savings or by paying on a monthly basis. Some solicitors offer fixed-fee services for family law cases.
- Pro Bono Help: Some solicitors offer free legal advice or work on a pro bono (free) basis for people who cannot afford legal fees.
- Legal Aid in Exceptional Cases: In rare cases, you may be eligible for Exceptional Case Funding if your human rights are at risk and you can’t afford a solicitor. This is difficult to apply for, and you’ll need a solicitor who is experienced in this area.
Conclusion
Legal aid can be a lifeline if you’re facing a family court case but can’t afford to pay for legal services. However, getting legal aid depends on several factors, including your financial situation, the type of case, and the merits of your case. If you think you might be eligible for legal aid, it’s worth speaking to a solicitor who specialises in family law. They can help you understand your options, assist you with your application, and ensure that you get the best possible support in your case.
If you don’t qualify for legal aid, don’t lose hope. There are other ways to access legal support, such as private funding or pro bono advice. Whatever your situation, make sure you understand all your options and get the right legal help for your family law case.
