The government wants to encourage families to resolve their difficulties through negotiation, and legal aid for family mediation can be available in certain circumstances.
If you would like to be assessed for legal aid, your household income, any property you own and your savings will be taken into account.
You will have to prove you meet the criteria for both income and capital (property and savings). If you meet the criteria in only ONE of these areas, you will not be able to get Legal Aid.
You WILL get Legal Aid if you receive any of these benefits:
- Universal Credit
- Income Support
- Income-related Job Seekers Allowance
- Income-related Employment and Support Allowance
- Guarantee Credit
AND you do not own any property or have any savings above £8,000
You will have to provide proof that you are currently receiving benefits. Acceptable evidence includes:
- a screen shot of your latest Universal Credit payment
- a letter confirming you are receiving one of eligible benefits that is not more than six months’ old
- a bank statement from the previous four weeks which shows your benefit being paid into your account.
You MIGHT get Legal Aid if you are on a low income, including receiving a benefit not named above, even if you own property. In these circumstances, a full assessment is necessary to determine whether you meet the criteria. This can be done at your first session or in advance by telephone. The information taken into account includes:
- Whether you own property or pay rent
- How much you pay for either your mortgage or rent
- If you own property, how much it is worth, how much mortgage is outstanding and whether it is jointly owned
- The income you receive from all sources. This includes:
- Earned income
- Benefits including Child Benefit
- Child/Spousal support
- Indirect income i.e. if an ex-partner is still paying household bills
- Income from any rental property you own
- Financial help from family or friends
- Whether or not you are living separately from your ex-partner
- Whether you are living with a new partner
- Whether your mediation will be about child issues or property or both
As individual circumstances vary greatly, it is very difficult to predict whether you might be eligible for legal aid without a full assessment. If you would like to apply for legal aid, we would encourage you to contact the office for more information.
