Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon
Legal Aid
If you are on a low income, you may be eligible for free legal advice. Speak to us to find out!
Public Funding (Legal Aid / Legal Help) is the scheme whereby the Legal Services Commission (LSC) will pay your solicitors, barristers and other fees relating to your case.
The Legal Services Commission grants franchises in different areas of law to firms who meet its stringent standards for quality service provision. Hartnell Chanot & Partners holds a franchise in Family Law and is therefore able to offer Legal Aid / Legal Help to eligible clients.
Am I eligible?
If your gross monthly income is over £2,350 you won't get Legal Help. 'Gross income' means before tax and national insurance are taken off and it excludes certain social security benefits. If you have more than four children, this limit goes up by £145 for the fifth and each additional child. You have to include your partner's income unless your partner is the person who you are in dispute with.
If your gross monthly income is £2,350 or less, your solicitor will check out your disposable income. 'Disposable income' is the amount of income you have left after deductions have been made for national insurance, child support and tax. Also, if you have a partner who isn't earning or if you have children, a certain amount of your income won't be taken into account. If your partner is earning, their income will be taken into account, unless your partner is the person who you are in dispute with.
To qualify for Legal Help, your disposable monthly income cannot be more than £649. If you are within this limit, you don't have to pay anything towards Legal Help. If you have disposable capital (savings) of over £8,000, you won't get Legal Help.
You should be aware that in some circumstances it is not a "gift" but is treated like a loan - see "statutory charge".
There are four types of LSC public funding available as follows:
- Legal help scheme - this enables us to give you advice and assistance but does not cover legal representation at court or on your behalf at a tribunal which is covered by other LSC funding. Under this scheme we are able to carryout work to an initial upper limit of £500. There are guidelines provided to us by the LSC which help us evaluate what work is justified, for example if you are a Respondent to a divorce petition the LSC guidelines state that two hours is justified for this work. This increases to three hours if you are the Petitioner in divorce or judicial separation proceedings and we prepare the petition.
- Help with Mediation - if you are involved in mediation and receiving mediation legal aid then you will automatically be entitled to this type of legal aid, which, like mediation legal aid is completely free. With Help with Mediation we can draft any necessary legal documents such as a separation deed or a consent order.
- General Family Help - this is for work needed which is beyond simple advice and assistance e.g. further negotiations in relation to child contact arrangements, or in relation to financial issues arising on a divorce.
-
Legal representation - this covers the situation where you need to
make an application to the court to determine issues such as financial
arrangements arising from your separation/divorce or in relation to the
children.
This is a complex area and the solicitor dealing with your case will be very pleased to answer any questions you may have. Please call 01392 421777 for further information and to see if you are eligible.
Alternatively, you may approach the LSC direct. Their local office telephone number is 01179 302 3000. If you have a certificate number you should have this to hand when you telephone. You should make a note of the name of the person you speak to for future reference.
You may find the two following sites useful for further information:
Legal Aid Lawyer of the Year 2007
Partner, Norman Hartnell was short listed for the Legal Aid Lawyer of the Year Award 2007 (in Family Law) and came runner up at a ceremony in London on the 28 June 2007. The awards, by The Legal Aid Practitioners Group, celebrate the work of solicitors and barristers across the UK who have dedicated their careers to the service of some of the most vulnerable members of society.
