Legal aid is still available for family matters in certain circumstances. In order to be eligible for legal aid, you will need to supply certain documents as evidence.
The rules surrounding legal aid in family law matters are complex and can be confusing, so we have put together this guide to what documents you will need to bring to an appointment with a solicitor in order to apply for legal aid.
Legal Aid In Family Law
Care proceedings
Legal aid is available. If you are a parent or someone with parental responsibility that has a child arrangements order or special guardianship order, then you do not need to provide any evidence of means or merits.
Hague Convention and inherent jurisdiction matters, wardship proceedings
For these types of matters you will need to provide financial evidence.
Non-Molestation Orders, occupation orders, forced marriages, female genital mutilation
You will need to provide evidence of your finances if you wish to apply for one of these orders.
If you wish to oppose one of these orders, you will need to provide financial documents and also show that you have a good reason to oppose it.
Divorce, financial matters, cohabitation disputes
For these matters you will generally need to prove your financial circumstances and also prove that you are the victim of domestic abuse.
Child arrangements, special guardianship, prohibited steps, specific issue
For these matters you will generally need to prove your financial circumstances and that you are the victim of domestic abuse or that the child is at risk of harm.
Proving your financial circumstances
You will need all of the following that are applicable to you:
- Proof of your income support, income-related job seekers allowance, income-based employment and support allowance which is no more than one month old
- You most recent tax credit award letter
- Proof of housing benefit
- Your most recent child benefit award letter
- Tenancy agreement
- Your last three months bank statements for all accounts in your name or that have your name on the account
- Your last three months wage slips
- Proof of mortgage repayments
- Proof of any savings, bonds, shares, investments that you have
Proof that you are the victim of domestic abuse
You will need to show one of the following:
- The perpetrator has a criminal conviction for an offence against them where you were the victim in the previous 24 months
- The perpetrator is the subject of bail conditions whereby the investigation is for an offence against them where you were the victim in the previous 24 months
- A restraining order in the previous 24 months
- A non-molestation order in the previous 24 months
- A letter from a GP or health professional to confirm that they have assessed your symptoms and they have concluded that the symptoms are consistent with injuries/symptoms suffered by victims of domestic abuse. The assessment must have been in the previous 24 months
- A finding of fact from a court which establishes that the applicant for legal aid is a victim of domestic abuse which names the other party to the proceedings or proposed proceedings as the perpetrator. Again the finding of fact must be within the previous 24 months
- An undertaking in the previous 24 months. Cross undertakings however will not be accepted.
- A Domestic Violence Protection Notice in the previous 24 months
- A Domestic Violence Protection Order in the previous 24 months.
Proof that a child is at risk of harm
You will need one of the following:
- A finding of fact from a court that the other party is a clear risk to a child in the previous 24 months
- A letter from a social worker that supports your position and confirms that they have assessed that the child is at risk of harm. The assessment must have been within the previous 24 months
- A child protection plan which clearly states the envisaged plan for the child is in support of the applicant for legal aid’s position. The child protection plan must have been within the previous 24 months
- A letter from a health visitor to confirm that within the previous 24 months they have assessed that the child is at risk of harm from the other party to the proceedings or proposed proceedings.
In some circumstances, proof of domestic abuse can be more than 24 months old, however this would need to be discussed prior to any appointment.
All of the letters referred to can be found on the Legal Aid Agency website.
Legal aid is also sometimes available in other circumstances where you are not able to provide evidence of domestic abuse or that the child is at risk of harm. The rules surrounding this are complex and strict, however, our Family Law team is always happy to discuss your circumstances.
How Nelsons can help
For more information on legal aid in family law matters, please contact a member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.