Legal Aid

What is Legal Aid?

If you need to see a Solicitor to help you in your case, but you cannot afford to pay your Solicitor, then Legal Aid can help you. The Government provides money to help pay for your case. The money comes from the Community Legal Services Fund (CLS) and is administered by the Legal Services Commission (formerly the Legal Aid Board).

You may be entitled to Legal funding just to speak to a Solicitor and to have a Solicitor write letters on your behalf. This is known as "Legal Help", (or Green Form scheme as it was previously known). You will need to be on a very low income or on benefits to get Legal Help and in 2013 private family law cases will be completely cut from legal aid except for cases involving domestic violence because of the UK's austerity drive. If you can't get legal aid then Divorce-Online can help if your case is going to be uncontested from as little as £65.00

Full Legal Aid - legal representation

If you need to make an application to the Court you will need to apply for Certificated Legal Aid for which the income and capital limits are greater than for "legal help".

Is Everyone entitled to Legal Aid ?

You have to show that you cannot pay for your case, (i.e. that you are financially eligible) and that you have a good case which you are likely to win, (i.e. that your case has a good prospect of success and that the likely compensation or other benefits you will receive by being involved in a court case will exceed the likely costs.)

Even if you are working, own your home and have savings, you may still qualify. However, you may have to pay a contribution towards the cost of taking your case to Court.

Even if you are financially eligible and can show your case has good prospects of success the Legal Services Commission can still refuse to grant you Legal Aid if:
There are alternative forms of funding available to you such as insurance. However in most family cases insurance is not available.
How do I apply?

You will need to ask your Solicitor if they think you will qualify or use our Free Legal Aid Calculator

You will have to complete a Matrimonial funding Application form, a Means Enquiry Form and a Wages Form which your employer completes. If you are in a new relationship and living with your partner they will have to be assessed too.

In some areas you will have to be referred to mediation to see if it would be suitable. This is known as Section 29 mediation and is compulsory. It means that you will have to attend an information meeting with a local mediation service to see whether it is suitable. If your ex does not agree, then they will sign a s.29 form which you give to your solicitor, who will then be able to apply for funding.

If you are in receipt of Income Support/JSA you will get Legal funding without a contribution.

Only Certificated funding attracts a contribution if you earn less than the prescribed limits as set out below.

The Certificate will have conditions attached to it such as costs limits and type of proceedings allowed.

Statutory Charge

Legal Funding is not free. If you recover or preserve property within the proceedings you may have to pay all or some of your costs back to the Community Legal Service.

This occurs in most matrimonial cases involving property or money, as most cases settle without costs being awarded against the other side.

You can keep the first £2,500 of any money or value of property before you pay anything back.

Your solicitor has to tell you about this before they apply on your behalf. Solicitors will give you a leaflet explaining it in detail.

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Information on this page is current and last updated: 4/2/2012