No More Legal Aid For Families

On the 1st April 2013, the Legal Aid Sentencing and Punishment of Offenders Act 2012 came into effect and removed legal aid for a majority of private family law cases including divorce, financial disputes and disputes in relation to children.

However, as a safety net, the Government included provisions that legal aid might be available:-

1. To obtain the courts protection for those at risk of or subject to domestic violence.
2. In relation to divorce, financial issues and children, for those able to provide evidence of being subject to or at risk of domestic violence.
3. In relation to children disputes, for those able to provide evidence that the child or children in question have been abused or are at risk of abuse from the other party.

So, if you go to your high street solicitor, will you be able to access legal aid for advice for your family law case?

Provided that you qualify financially and that you come under one or more of the three paragraphs above, the answer should be yes. However, the evidence requirements for domestic violence and child abuse are demanding and it is likely that your solicitor will ask you to obtain the required evidence before being able to go any further. It is without a doubt worth asking your solicitor as soon as you can what evidence is required.

It is also worth noting that legal aid is still available for children under 18.

Very sadly, research has shown that over 50% of women that have suffered domestic abuse have not been able to produce the evidence required to access legal aid. Sometimes this has been due to the cost of getting such evidence. The same research has shown that faced with these legal aid difficulties, over 60% did nothing about their family law problem as a result of not being able to get legal aid.

New law often creates problems and issues and this is without a doubt one of those cases. Many organisations are gathering evidence and information and are feeding this back to the Government but for the time being, until there is a change, we have to operate under the current system.

So, what should you do if you have a family law problem?

Do seek legal advice as soon as you can.

Do ask your solicitor, if possible before you go to see them, what information and documents you should provide.

Do ask your solicitor if they can do a free initial consultation.

Do ask your solicitor if they provide legally aided services, provided you qualify.

Do ask your solicitor about other options to fund your case for example a monthly payment plan.

Do ask your solicitor about other organisations that may be able to provide you with support and advice.

Don’t just do nothing. Family problems rarely go away and more often than not get worse.