Skip to main content

Legal Aid Solicitors

You can still qualify for Legal Aid support in some cases:

  • If your case is in relation to children, where the Local Authority Social Services are taking Care Proceedings in relation to those children, then funding is still available
  • Domestic Violence Injunction Cases, where you need protection from somebody who is being violent or abusive towards you
  • Cases relating to Divorce, financial matters and children, where there is evidence of domestic violence
  • Cases in relation to Residence and Contact of children, where there is evidence of child abuse
  • Child Abduction
  • Representation for a child in Private Family Cases
  • Legal advice in support of mediation (no evidence of domestic violence is needed)
  • Forced Marriage Protection Order Cases

Talk to Banner Jones

We are ready to help you

Fees for providing evidence to support your case

At Banner Jones we cannot pay for any of the above evidence to be provided.  If there is a charge for producing the evidence, we cannot pay it: you will need to meet these costs yourself and then bring the evidence to us.

Even in urgent cases, we cannot exercise our Delegated Functions and give you an emergency Legal Aid Certificate without the evidence of domestic violence or child abuse as set out above. There are standard letters that have been approved by the Ministry of Justice.  For more information about this generally and to access those standard letters, click here.

Help with Family Mediation

There is a new level of Legal Aid available to help give advice to people who are going through the mediation process.  This is called Help with Family Mediation.  This allows us to provide you with the legal advice whilst you are going through mediation or immediately following a mediation process.  You will still need to meet the normal means and merits test, but we will be able to work through this with you.  You will need to bring with you the relevant form from your Mediation Service to show that you are currently going through mediation or have been in mediation within the last 3 months.

Frequently Asked Questions

He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.

How soon can I file for a no fault divorce?

You can get divorced in England or Wales if all of the following are true:

  • you’ve been married for over a year
  • your relationship has permanently broken down
  • your marriage is legally recognised in the UK (including same-sex marriage)
Is there any other circumstances where I can qualify for Legal Aid?

For most people, where there is no domestic violence within the relationship, or domestic violence that can be proved to the standard required by the Legal Aid Authority, there is no Public Funding available for Divorce, Dissolution of Civil Partnerships, financial matters and children matters.

What am I entitled to in a no fault divorce?

The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.

What counts as Domestic Violence?

The Legal Aid Authority will accept the following evidence as domestic violence outlined in our PDF guide.

This must be provided by you before we are able to sign you up to any form of Legal Aid, unless you are looking for Help with Mediation, a Domestic Violence Injunction or Local Authority Care Proceedings relating to children.

Please note that the allegations have to be in relation to the person that you are currently having problems with.  These allegations cannot be in relation to a previous or different partner as you will not qualify for Legal Aid.

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children.  Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this.  Going to Court should always be the last resort where children are involved.

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.

Divorce and Family law

Thanks for your assistance with my case, your advice has been invaluable, and I would certainly recommend Banner Jones to my family and friends.

Mr P Sheffield

Get in touch today

We take data privacy very seriously, and we want you to understand and feel confident about how we collect, store and handle your personal data. If you’d like to find out more you can read our Privacy Policy.

Talk to our team