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Family Legal Aid following the Legal Aid Sentencing and Punishment of Offenders Act 2012 ("LASPO")

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This Act, which received Royal Assent on 1 May 2012 and came into force on 1 April 2013, makes substantial changes to Legal Aid. In the context of Family Legal Aid LASPO introduces cuts to this.

Family Legal Aid is still allowed for:

  • Mediation in family disputes and assistance from a separate solicitor in relation to such Mediation
  • Care and Supervision proceedings by the Local Authority
  • Injunction proceedings where there is a family relationship and there is violence towards the person obtaining Legal Aid or that person is in fear of Violence
  • Any family disputes (whether in relation to property or children) that arise in a relationship where there is Domestic Violence (as defined by the Act)
  • Proceedings in relation to children where the child is at risk. In this case Legal Aid would be given to the adult on behalf of the child where there is a risk from another party.
  • Child Abduction.

However, in the case of all the above Family Legal Aid is only granted so long as there are merits and subject to the applicant's financial eligibility.

Although BakerLaw Solicitors does not undertake Legally Aided work, we know the decision to instruct a lawyer is daunting, and that concerns about cost will probably be at the forefront of your mind. We provide legal advice in a friendly and accessible way and we offer a range of variable funding options. Our chief concern is to help you see a way through any disruption you may be experiencing. We tailor our legal solutions to your needs, minimising the impact unexpected events may have on your personal or professional life.

Specifically in answer to the question "How do I pay if I am not eligible for legal aid?" we have the following policies:

  • We offer competitive fixed fees in respect of undefended proceedings for divorce or civil partnership dissolution to both the person commencing the proceedings ("the Petitioner") and to his/her spouse or civil partner ("the Respondent");
  • We offer competitive hourly rates;
  • We may offer a standing order agreement to pay legal fees monthly;
  • We can approach financial providers to see whether a loan can be provided for clients to fund legal services;
  • We can apply for Court Orders against the other party to pay legal costs where such Court Orders are available or applicable;
  • We can supply you with the help and assistance that you require to progress your own case, for example in preparing documentation and correspondence and/or arranging for you to be represented at Court hearings.

For further information regarding any matters arising from this article, please telephone

BakerLaw on 01252 733770 or email enquiries@baker-law.co.uk

Our team offer initial advice in respect of many aspects of family law on a totally free of charge and no obligation basis.

DISCLAIMER:

We have tried to ensure that the information in this guide is correct at the time of publication. It may be subject to change without notification. The matters discussed in this guide are by necessity brief and comprise summations and introductions to the subject referred to.

The content of this guide should not be considered by any reader to comprise full proper legal advice and should not be relied upon.

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