Family law
How much will it cost? - Legal help
THE LEGAL HELP SCHEME
The Legal Services Commission operate a scheme whereby, if you are financially eligible to receive advice and assistance under the scheme, you can have legal advice without paying a contribution for that legal advice.
However, there are limitations to the scheme, as follows:
- You are not covered to receive any representation at Court hearings - you will need to be advised under a public funding certificate to be represented at Court (details of this can be found in our brochure "Public Funding").
- Disbursements (payments for Court bailiffs or process servers). If disbursements are necessary, you will be advised in advance as you will have to pay for them before the expense is incurred.
The work we can carry out for you under the Legal Help Scheme is limited and there are strict financial criteria to adhere to with regard to eligibility.
You will automatically be entitled to legal advice and assistance under the Legal Help Scheme if you are in receipt of any of the following benefits:
- Income Support
- Job Seeker’s Allowance (income based)
- Employment and Support Allowance (income based)
- State Pension Guarantee Credit
- Working Tax Credit (with no element of Child Tax Credit)
If you do not receive any of the above benefits, you may still be eligible for Legal Help, if:
- You are on a low income
- You have children still financiallydependent on you
- You pay child maintenance through the Child Support Agency or Court order
- You pay rent or mortgage
- You pay childcare expenses to a registered nursery, after schoolclub or child minder
- You do not have more than £8,000 capital (savings or net equity in your home)
- You do not earn more than £2,657* gross per month.
TO BE ELIGIBILE ON INCOME
To be eligible on financial grounds, there are certain deductions we can apply to see if you qualify on income.
We can deduct payments for rent or mortgage, child care and a standard allowance for travel to and from work, from your net salary (after tax and national insurance are taken out).
If you are left with a figure not more than £733 per month (this is called your net disposable income) then you qualify on income.
* Correct as at 27.06.11
TO BE ELIGIBILE ON CAPITAL
If you own your own home, we have to take this into consideration. For divorce matters, there are certain deductions we can make from the value of your home, to see whether you qualify on capital, as follows:
- A maximum of £100,000 towards the outstanding mortgage (if the outstanding mortgage is less than this we can only deduct the figure outstanding)
- £100,000 main dwelling exemption
- £100,000 item matter in dispute
If you are then left with less than £8,000 capital, you will qualify for Legal Help.
For Children Act matters the home is not in contention and you might not qualify for Legal Help.
If you have any questions or need any further advice, please do not hesitate to contact us and we will do our best to accommodate you.
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