Legal issues can be both financially and emotionally taxing. This is especially the case in many family related matters. And because of this stress, people can sometimes be left uncertain about how to access necessary legal assistance.
Fortunately, besides legal support for these matters, there is support available for both the emotional and financial side of things. With solicitors often able to refer you to things like counselling and other support services.
For those who need financial help during family legal issues, then family legal aid solicitors may be an option for you.
Though you need to pass certain parameters in order to qualify for legal aid, it can be a crucial lifeline to those who otherwise lack the means to afford legal representation.
In this article, we’ll look at family legal aid, including what it is, what it is used for, and both the eligibility criteria and how this is tested.
What is Family Legal Aid?
Legal aid for families is a UK government funded program which is intended to offer financial assistance to people who require legal representation in family related law. Legal aid is for individuals who would otherwise not be able to pay for legal representation themselves.
Family legal aid was created with the aim to ensure that justice is accessible to everyone, regardless of their financial circumstances. It would be otherwise unfair if one party had the funds to hire legal representation when the other did not.
Family legal aid is primarily intended for use in instances where the well being of children or vulnerable individuals is at risk.
Note: Legal aid is also available for other cases. These cases are civil, meaning non-criminal in nature and alongside family issues, debt or housing problems are also included.
Who Can Qualify for Family Legal Aid?
There are several criteria, also labelled as “tests” that determine if someone is eligible for family legal aid.
These are:
The Scope Test
This test checks whether the legal issue falls within the scope of services covered by legal aid.
Family legal aid typical covers matters such as:
- Divorce
- Child custody and access disputes
- Domestic violence injunctions
- Certain kinds of family mediation
The Financial Test
This test will evaluate the financial situation of the individual applying for legal aid. Income, savings, and assets will be assessed. If you have a low income and minimal assets, you are more likely to qualify for legal aid. Those with higher incomes may not pass this test.
The Merit Test
This test considers whether legal aid is justified based on factors such as how important the issues of the case are, the potential impact on the applicant’s life, and the likelihood of their case’s success.
What is Family Legal Aid For?
Family related disputes that legal aid can be applied for include:
- Divorce and Separation
Legal aid can be used to help negotiate issues raised in divorce, such as child custody, the division of assets, and spousal maintenance if applicable.
- Child Custody and Access
If parents are unable to agree on access or custody of their children, legal aid can be used to help with the costs of mediation or court proceedings.
- Domestic Violence and Abuse
Legal aid is available to victims of domestic violence, and will help them to gain protection orders and other resolutions to ensure their safety.
- Family Mediation
Sometimes families are involved in legal disputes not listed above, legal aid may be available in certain cases to help families reach an agreement outside of the courts.
Applying for Family Legal Aid
There are several steps to making an application for legal aid, including:
Eligibility Assessment – this is the first step and uses the scope, financial and merit tests to see if you meet the eligibility criteria.
Completing Application Forms – if you believe you qualify, you’ll need to request and complete forms to apply. You may also need to provide supporting documents, including proof of your income, bank statements, and details of your legal issue.
Once your application is approved, you’ll be assigned a legal aid solicitor or mediator who can represent you and provide advice. How the case progresses will determine whether you’ll need a solicitor or mediator and what kind of advice and assistance you will need.
Final Thoughts
Family legal aid can be a great help to individuals. It helps achieve equality and justice for those facing legal issues. To learn more about legal aid, visit the Legal Aid Agency (LAA) section on the GOV.UK website. You can also talk to citizen’s advice for free, confidential help or even speak to a recommended local solicitor at a solicitor’s office.
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