Inspiring separating couples to make their own informed decisions

Archive for the ‘Family Legal Aid’ Category

Changes To Civil Legal Aid – No April Fool!

The damming family legal aid cuts are now in force as previously discussed in my post dated 23 November 2012; this is certainly no April fool!

For those of you who are dealing with family break up, it could not come at a worse time – not only are you going through probably one the most difficult and challenging experiences in your lifetime but you are now faced with the real possibility that you will have to deal with this crisis without the benefit of legal help if you are unable to pay for the services of a family solicitor and if you do not qualify for legal aid within the new ‘exceptional circumstances’ criteria as set out in the LASPO Act (Legal Aid,Sentencing and Punishment of Offenders Act 2012).

BBC News has set out useful information in an article on the legal aid changes, answering key questions that will concern most of you who need legal help now or in the near future with matters arising in relation to civil and/or family law issues. Please see the BBC News article here.

Most people will no longer qualify for legal aid unless there are grave issues about child welfare and/or domestic violence/forced marriage and if the applicant for legal aid is within scope on the basis of the new financial test, covering both income and capital resourses.To see if you qualify for legal aid under the new scheme,please check out your position on the online eligibility calculator here.

If you do not qualify for legal aid and you cannot afford to pay for legal services, you may be able to get a ‘Legal Services Order’ from the Court. This new statutory provision, provides for an Order or Orders requiring one party to the marriage to pay the other (‘the applicant’) an amount for the purpose of enabling the applicant to get legal services for the benefit of the proceedings. To obtain such an Order you must satisfy the Court that you cannot secure a loan to pay for the help of a Solicitor and your Solicitor will not agree to postpone payment for their services until the end of the case from settlement funds i.e. by way of a ‘legal charge’ over the settlement funds.

In light of the legal aid cuts and the possibility of having to represent yourself in proceedings about your relationship break up, whether it be in relation to children arrangements or financial matters, it is now even more important that you give serious consideration to resolving your disputes via dispute resolution services like family mediation, where legal aid will still be in place for those who qualify under the new financial test.

For more helpful information please visit my ‘useful Links‘ page. The links will prove to be an invaluable resource to anyone who is forced to represent themselves in Court proceedings or negotiations with a Solicitor acting for the other party.

English: Gulfport, Miss., September 15, 2005 -...

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Damming Family Legal Aid Cuts

There has been a lot of media hype and genuine concern from professionals involved in the family sector and from couples facing family breakdown about the forthcoming legal aid cuts in April 2013.

For those of you who are unfamiliar with the cuts, as of 1st April 2013 there will effectively be no legal aid for family matters on separation/divorce and related issues about property & finance and children’s arrangements unless there has been recent, proven domestic violence and/or there are significant child welfare/public child protection concerns.

There will however, continue to be legal aid for family mediation if you qualify for legal aid in line with the financial criteria as set by the legal services commission.

Whilst I’m a great supporter of dispute resolution out of Court, sadly it will not be suitable for every case and there will be many instances when the separating couple will have no choice but to sort out their differences through the Court system. As a result, unintentionally, the system will as of April 2013, be geared up in favour of those who can afford the services of a solicitor. Those that cannot, will be left to fend for themselves and will be at huge disadvantage, acting as a self represented person without the benefit of legal advice, assistance and representation.

Yes, there is talk of a family law hub, to be set up by the Government to help litigants who will be representing themselves but this will be of little use to those who do not have access to the internet and to people who cannot understand the information because they are less able either through a physical or learning difficulty. Or maybe, the person is just not emotionally/psychologically fit enough to conduct their own case . Litigation can be a daunting prospect for an expert family solicitor in complex family cases, let alone the client attempting to represent him or herself in Court.

As opposed to helping free up Court/Judiciary time, which is the intended desire of the Family Justice Review, the legal aid cuts will have a damming impact upon the Courts by clogging them with self representing litigants who will need more time and energy spent on them by the Judiciary to make sure that Justice is seen to be done and is done.

The sole reason for these legal aid cuts was to save the public purse £350 million from the legal aid budget. In spite of criticism from the President of the Family Division, Head of Family Justice, Sir Nicholas Wall ( in December 2011) the legal aid cuts have been endorsed by the Government. Unless there is a much needed U-turn, the legal aid cuts will come into effect in just over 4 months time.

In my humble opinion, I think that the Government has been short-sighted in its decision-making process. The Family Courts and Judiciary are already over stretched in dealing with the existing family caseload, where the parties continue to have the benefit of family legal aid and the support of their expert solicitors – I dread to think of the chaos and injustice that will be caused as of April 2013 when the damming family legal aid cuts come into effect.

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