Changes to domestic abuse evidence requirements
On 8th January 2018 changes to evidence requirements of domestic abuse in private family law disputes came into effect. There will no longer be a time limit on abuse evidence, which previously stood at five years. Additionally, the range of documents accepted as evidence of abuse has been widened to include statements from domestic abuse support organisations and housing support officers. Legal aid is available to people involved in private family disputes if they are victims, or are at risk of becoming victims, of domestic abuse or child abuse.
For further details please see the link below:
Paying for legal representation
One of the first and biggest questions on someone’s mind may be how am I going to afford legal representation?
Legal aid may be available to you, which will help you pay for proceedings and representation in court. To qualify for legal aid, you will need to demonstrate to the Legal Aid Agency that you cannot afford to pay for legal representation yourself, and that your case is so serious that it merits making a court application.
If you wish to make an application to the Legal Aid Agency you will need to satisfy both parts of the Legal Aid Agency’s two-fold test.
The first test is to provide domestic abuse evidence, or evidence that there is a child at risk of harm, as perpetrated by the other party in the proceedings, this can be in the form of one of the following:
- the courts – for example previous findings of fact or convictions
- the police – for a domestic abuse related offence
- a multi-agency risk assessment conference (MARAC)
- social services – the client has been assessed as being at risk of domestic abuse
- a health professional, for example a doctor, nurse, midwife, psychologist or health visitor
- a refuge manager
- a domestic violence support
Secondly, there is also the need to satisfy the financial eligibility. The Legal Aid Agency have strict thresholds for both capital and disposable income.
Your capital cannot exceed £8,000* (this includes cars, jewellery, any equity in the home etc). There can be an argument for trapped capital in terms of equity in a property you cannot sell at the present time.
If you are on Universal Credit, you will be financially eligible for legal aid as long as you are under the capital limit. Your disposable income cannot exceed £733* a month. This takes account of your salary and any benefits you receive and deducts your rent payments and any child expenses. If the amount is under £733* a month, then you may be eligible. If not, unfortunately the Legal Aid Agency will not make exceptions.
For those who do not qualify for legal aid, some solicitors can offer reduced rates. For example, the Family Law Group offers reasonable and competitive fixed fee structures across all its offices; including free advice clinics and free surgeries. They offer a 20/20 appointment which is 20 minutes of advice for £24. They are also able to assess you for legal aid free of charge and offer fixed fees for divorces and letters. More information can be found here.
*NB: Figures as at April 2025. This should not be treated as legal advice. Information is for people living in England and Wales. There are different legal aid rules in Scotland and Northern Ireland.