Costs and Legal Aid for Family Law Services

Flexible payment options to suit your budget

We offer a range of fee options depending on your circumstances including:

• An initial 1 hour fixed fee advice appointment by telephone, Teams or in person at our Stroud or Gloucester Office
• Charges based on an hourly rate
• Fixed fees to formalise an agreement you have already reached with your former partner regarding financial matters or arrangements for your children by way of financial consent order, deed of separation, or parenting agreement
• Fixed fees for representing you at every stage of financial remedy proceedings and Children Act proceedings
• Fixed fees for initial assessment meetings for Mediation and Resolution Together
• Advice on a “pay as you go” basis in relation to financial remedy or Children Act proceedings

Legal Aid

You may also be eligible for legal aid.

Legal Aid is a fund provided by the Government to help people meet some or all of the costs of legal advice and representation in court proceedings.

If you require advice about the following issues, you may be eligible for family legal aid provided that you meet the relevant eligibility criteria:

• Divorce or civil partnership dissolution
• Property and financial matters arising on separation
• Arrangements for your children
• Domestic abuse
• Legal advice where you are attending mediation with your partner
• Social Services involvement with children (see below) 

Eligibility for legal aid

There are various eligibility criteria for legal aid the rules for which are complex. We will discuss legal aid eligibility with you and let you know what information you will need to provide to be assessed if you are likely to be eligible.

The main criteria for legal aid eligibility are:

Means – this test looks at both your capital (for example your home, your car, any savings you have) and your income (for example your wages, benefits, maintenance, working and child tax credits). We can help you work out whether you are financially eligible for legal aid. You will need to send proof of your finances to us in order to be assessed and we will tell you what you need to provide.

Merits – this test looks at your chances of success and whether you need a solicitor’s advice. These are questions that should be answered by your solicitor.

Domestic and/or child abuse evidence – where you are seeking legal advice about certain issues such as divorce or dissolution proceedings and financial or property matters, you will need to evidence that you have suffered domestic abuse. If you are seeking advice about the arrangements for your children, you will need to evidence domestic abuse or child abuse.

The Legal Aid Agency has a list of evidence that can be used to prove that you have suffered domestic violence, or your children have suffered child abuse. Our Family Team at WSP can go through this list with you, and help you to obtain the evidence that you need where appropriate. This may be a letter from your GP; a letter confirming police involvement; a letter from a refuge; an injunction order made by the court or a letter or report from your social worker.

Legal Aid where Social Services are involved

If Social Services/the Local Authority has started the pre-proceedings process or made an application to the court for a Care or Supervision Order, then you may be automatically entitled to free legal advice through legal aid and without meeting the eligibility criteria set out above.

Whether you can depends on the nature of Social Services involvement and your relationship with the child or children in question:

• If Social Services have gone to court to apply for a Care or Supervision Order then you are automatically eligible for legal aid if you are the child’s mother or father or you have parental responsibility for the child.
• If Social Services have sent you a letter to say they are going to go through the pre-proceedings process then you are automatically eligible for legal aid if you are the child’s mother or father or you have parental responsibility for the child.
• If Social Services have become involved with your family but have not sent you a letter about pre-proceedings or applied to court for a Care or Supervision Order then you may still be eligible for legal aid provided you meet the means and merits criteria set out above.
• If the Local Authority has applied to court for a Care or Supervision Order and you are not the child’s parent and do not have parental responsibility, for example you are the child’s grandparent, you may still be able to get help with your legal costs. The Local Authority may agree to pay or you may be eligible for legal aid provided you meet the means and merits criteria set out above.

Talk to one of our Family Team to see whether you might be eligible and what you will need to provide in order to be able to assess you for legal aid.

Speak to our Family Law Solicitors in Gloucestershire

To discuss our payment options, legal aid eligibility and for expert family law advice, please contact our local offices in Gloucester or Stroud today. If you have a question or would like to request a callback, you can also use our quick online enquiry form.