What is Legal Aid?
Legal Aid is a form of public funding for a private family law dispute which allows you to be represented by a lawyer during a family dispute.
There are different levels of service, which are broadly as follows: –
- Legal Help- this would allow initial advice to be provided in relation to matrimonial matters prior to proceedings being issued and for you to be represented under the scheme in relation to any divorce proceedings. This level of service is not offered by this Firm.
- Family Mediation- this will allow you to deal with negotiating children and/or financial matters with a mediator, covering the costs of the mediation itself. It would also allow you to obtain ongoing advice in relation to the mediation process from your own solicitor. This level of service is not offered by this Firm.
- Legal Aid Certificate- This would allow you to be represented in Court proceedings concerning children and/or a financial matter. This is the only level of service that this firm offers.
Rothera Bray only specifically deal with matters where Court proceedings have already been issued and legal representation and advice is required.
Are you eligible for Legal Aid?
To be eligible for Legal Aid under the Legal help Scheme or under a Legal Aid Certificate your circumstances must meet the below 2 stage tests and you must provide evidence that you have either been a victim of domestic abuse/there has been violence in your relationship or that that your child is at risk of abuse.
- Means test – you fall within the financial eligibility criteria set down by the Legal Aid Agency.
- Merits – the likelihood of success, the reasonableness of the costs and whether a reasonable person would use their own money to pay for the case.
STEP ONE
In the first instance, we would suggest that you visit the link below to ascertain whether you might be eligible for a Legal Aid Certificate: –
https://www.gov.uk/check-legal-aid
STEP TWO
Evidence of domestic abuse/violence: –
If you believe you may be eligible for a Legal Aid Certificate, you will need to obtain documentary evidence of domestic violence or evidence your child is at risk of abuse.
There are many ways that evidence in respect of domestic abuse or a child being at risk of abuse can be obtained and therefore it is always best to visit the link below which sets out which professionals can provide the evidence on your behalf and what is required of them.
https://www.gov.uk/government/collections/sample-letters-to-get-evidence-of-domestic-violence
STEP THREE
General financial information that we require: –
- Three months’ worth of bank statements for all accounts held in the Applicants’/joint names.
- Three months’ bank statements for all accounts not held in the Applicants’ name but that they have access to (such as a child’s account).
- Award letter in relation to any benefits received. If there is a joint claim for benefits, proof of/award letter in relation to benefits must identify both parties.
- If employed; Three months’ worth of pay slips.
- Proof of rent/mortgage paid.
- Copy tenancy agreement if the property is rented.
- Proof of equity in the property if owned, valuation of the property and a redemption statement in relation to the outstanding mortgage.
- If an owner of a car we require, the make, model, and registration number together with a current market valuation. If the car is subject to finance a redemption statement is required.
- Details of all dependent children within the household.
- If the Applicant has a partner, we need all bank statements and pay advice in relation to that person
Please note the above may differ on an individual case basis dependent on your financial circumstances. It may be that even after receiving all the above information from you that the Legal Aid Agency will ask for further information/documentary evidence.
How can Rothera Bray help?
If you wish to proceed with an application for Legal Aid, then please contact us and we can arrange a meeting with you to progress your application.
If you are not likely to be eligible for Legal Aid, we would be able to assist you in dealing with the various matters arising by way of an Initial Fixed Fee Appointment. This is an initial meeting, which presently will take place remotely by telephone or video call, lasting no more than one hour.
Should you wish to discuss the above further, then please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
