Legal aid enables you to have your legal fees paid by the government’s Legal Aid Agency in a limited number of situations.
Please note, restrictions put in place by the Legal Aid Agency mean that Farleys are only able to offer legal aid for family law cases (such as divorce, financial settlements , children disputes, care proceedings and injunctions) to clients either living in or who have a case being heard at a court in Lancashire, the Fylde or Manchester. If you or the court hearing your case is not based in one of these areas, we suggest you visit the Law Society website to find a firm local to you.
This geographical restriction applies to family law cases only. If you require help with an Abuse Claim or an Inquest, then different rules apply.
Legal Aid Eligibility
As long as your case falls within the above restriction, legal aid may be available to you in the following types of case:
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If social services have become involved with your family; or
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If you wish to apply for an injunction against an abusive partner; or
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If you want advice on divorce/separation or related children/financial issues and you are the victim of domestic abuse; or
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If there is a need to protect a child from abuse or removal from the UK; or
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To support you where you are taking part in family mediation sessions.
Financial Criteria – Qualifying for Legal Aid
If you are a parent (or someone with parental responsibility) of a child where the local authority is thinking about or has applied to court for a care order, then you will automatically qualify financially for legal aid. In all other cases, the financial criteria for legal aid must also be met. To qualify, you must be on income support / universal credit (certain other benefits also qualify), or receive gross pay of less than £2,657.00 a month (before tax and NI deductions) and have capital or savings of less than £8,000.
In cases of domestic abuse or child abuse (points 3 and 4 above), appropriate evidence must also be obtained before legal aid can be granted. Details of the evidence required can be found at the following links:
If any of the above situations are applicable to you, our team of family law solicitors will be able to assess whether you are eligible for legal aid. Funding can be granted to help you negotiate a divorce, separation, financial settlement or child residence (custody) / contact (access) agreement.
It is important to remember that with all types of legal aid for family law, if you win a financial settlement, you may have to pay some or all of your costs from your settlement. Our experienced family law solicitors will advise you of any conditions of accepting legal aid.
