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.
- Warnings over legal aid changes (bbc.co.uk)