Changes to UK law a few years ago mean that unless there are exceptional circumstances, legal aid is no longer available when it comes to covering solicitors’ fees for a divorce. However legal aid is still available, to those eligible, to help cover the costs of family mediation whether it be the Mediation Information and Assessment Meeting (MIAMS) or the subsequent mediation sessions.
One of the most common questions asked of our team is whether or not someone will qualify for legal aid, so we’d like to clarify a few things in this sometimes uncertain area.
The law states that couples who are separating must attend a mediation meeting before applying to the courts for a divorce, and eligibility for legal aid is dependent on your financial circumstances.
Checking Eligibility For Legal Aid For Mediation
While every person’s circumstances are different, as a guideline, you may qualify for legal aid if you satisfy the following conditions:
- You receive certain benefits such as Universal Credit, income related-JSA, or income-related ESA
- You have a low disposable income – earning less than £733 per month once tax and certain expenses such as rent/mortgage are taken into account
- You have less than £8000 in savings (not including any property as this would be discussed in mediation)
- You are currently receiving contribution based benefits or are on a low income
Although you and your partner may be separating, as long as one of you is eligible for legal aid, you both stand to benefit – both the initial assessment (MIAM) and the first session will be free-of-charge. The costs of any additional mediation sessions will be covered by legal aid for the party that is eligible, while the other will have to pay the mediator’s fee.
Proof Of Financial Circumstances
Your eligibility for legal aid can be assessed in advance or at the first MIAMs meeting, but you will need to provide proof of your financial circumstances. You should bring documents that show the following:
- Your National Insurance Number
- The estimated value of your assets (e.g. your home)
- A bank statement showing the four-week period leading up to the meeting with your mediator
- Proof of income – payslips (if you are employed)
- A letter dated within the last six months confirming your eligibility for benefits such as Income Support, Universal Credit, or Tax Credits
Getting In Touch
If you want to speak to us about funding your family mediation you can call us now on 0333 567 0377, or click here to send us a confidential email message.
About The Author
Michael Cohen FMCA is an independent family mediator and barrister. He is accredited by the Family Mediation Council.
Michael is one of the founding directors of the Family Mediation Practice and is a member of the Family Law Bar Association.
Michael was called to the Bar in 1992 and has considerable experience in family, criminal and public law. Before coming to the bar he qualified as an accountant and spent over twelve years in business consultancy. This involved almost every aspect of corporate financial analysis, advice and solution implementation. He holds a postgraduate Diploma in Management Studies.
If you would like to read more about Michael’s profile then please click here.
