If you are facing family court proceedings, the cost of legal representation can be a major worry. Many people in Enfield and across North London assume that legal aid was abolished for family cases — but this is not true. While legal aid for family law was significantly reduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), it remains available in important circumstances.
At Adel Jibs & Co Solicitors, we help eligible clients access legal aid funding so they can get the legal representation they need without the financial burden.
What Family Law Cases Qualify for Legal Aid?
Legal aid is available for the following types of family cases:
1. Domestic Abuse Cases (The Domestic Abuse Gateway)
If you are a victim of domestic abuse, you may qualify for legal aid to cover a wide range of family law proceedings, including:
- Non-molestation orders and occupation orders — to protect you from an abusive partner
- Divorce proceedings — where domestic abuse is a factor
- Child arrangement proceedings — where you are separating from an abusive partner
- Financial settlement proceedings — on divorce where domestic abuse is involved
To access legal aid through the domestic abuse gateway, you will need to provide evidence of abuse. Accepted forms of evidence include:
- A relevant criminal conviction, caution, or ongoing criminal proceedings against the other party
- A non-molestation order, occupation order, or protective injunction (current or made within the last 24 months)
- An undertaking given in court by the other party (within the last 24 months)
- A police report confirming a domestic abuse allegation
- A letter from a GP, hospital, or other health professional confirming injuries or conditions consistent with abuse
- A letter from a domestic abuse support service (such as a refuge or helpline) confirming that you are a victim
- A MARAC (Multi-Agency Risk Assessment Conference) referral or minutes
- A letter from social services confirming involvement due to domestic abuse concerns
- Evidence of a Domestic Violence Protection Order (DVPO) or notice
The evidence must generally be dated within the last five years, though there are exceptions for ongoing situations.
2. Child Protection Cases
If a local authority is involved with your family — for example, through care proceedings, supervision orders, or emergency protection orders — legal aid is generally available for parents and other parties. This also applies to special guardianship and adoption proceedings where you are opposing or responding to an application.
3. Child Abduction
Legal aid is available for cases involving the international or domestic abduction of a child, including applications under the Hague Convention.
4. Forced Marriage and FGM Protection
Legal aid covers applications for Forced Marriage Protection Orders and Female Genital Mutilation Protection Orders.
5. Mediation
If you qualify for legal aid, you can receive funded mediation to resolve family disputes about children or finances without going to court. The person who applies for the MIAM (Mediation Information and Assessment Meeting) may also qualify for legal aid for legal advice alongside mediation.
The Means Test — Do I Qualify Financially?
Even if your case falls within the scope of legal aid, you must also pass a means test based on your income and capital. The key thresholds (which are reviewed periodically) are:
Income Test
- Your gross monthly income must generally be below £2,657
- Your disposable monthly income (after allowances for tax, housing costs, dependants, and essential living expenses) must be below £733
- If your disposable income is between £316 and £733, you may have to pay a monthly contribution towards your legal costs
Capital Test
- Your disposable capital (savings, investments, and valuable items — but generally excluding the value of your home and the first £100,000 of equity) must be below £8,000
- If your disposable capital is between £3,000 and £8,000, you may need to pay a capital contribution
Automatic Qualification
You automatically qualify financially if you receive certain means-tested benefits, including:
- Universal Credit (with monthly net earnings of £733 or less)
- Income Support
- Income-based Jobseeker’s Allowance
- Income-related Employment and Support Allowance
- Guarantee Credit element of Pension Credit
The Merits Test
In addition to the means test, your case must also pass a merits test. This assesses whether your case has sufficient prospects of success and whether it is reasonable to fund it with public money. The Legal Aid Agency considers factors such as:
- Whether the case has at least a borderline prospect of success
- Whether the likely benefit justifies the likely cost
- Whether there are alternative ways to resolve the dispute (such as mediation)
For emergency applications — such as non-molestation orders or urgent child protection matters — the merits test is applied more quickly and flexibly.
What Does Legal Aid Cover?
If you qualify for legal aid, it can cover:
- Legal advice and assistance — initial advice on your rights and options
- Mediation — the cost of a qualified mediator
- Legal representation — a solicitor and, where necessary, a barrister to represent you in court
- Court fees — where applicable
- Expert reports — such as property valuations, psychiatric reports, or DNA testing
The Statutory Charge — Will I Have to Pay It Back?
It is important to understand the statutory charge. If you receive legal aid and “win” your case — meaning you recover or preserve money or property — the Legal Aid Agency may reclaim some or all of the costs of your legal aid from those assets. This is sometimes called “the charge on the fund.”
There are exemptions — for example, the first £25,000 of any property preserved for your home is usually exempt. Your solicitor will explain how the statutory charge might affect you at the outset of your case.
How to Apply for Legal Aid in Enfield
The process for applying for legal aid is as follows:
- Contact a legal aid solicitor: Not all solicitors hold a legal aid contract. Adel Jibs & Co Solicitors is able to assist with legal aid applications for eligible clients.
- Gather your evidence: Depending on the type of case, you may need evidence of domestic abuse and/or documents showing your income, capital, and outgoings.
- Assessment: Your solicitor will assess your eligibility based on the scope, means, and merits tests.
- Application: If eligible, your solicitor will submit the application to the Legal Aid Agency on your behalf.
- Decision: For emergency cases, a decision can be made very quickly — sometimes within hours. For non-urgent cases, the process usually takes a few weeks.
Contact Adel Jibs & Co Solicitors in Enfield
If you are facing family court proceedings and are worried about the cost, do not assume you cannot get help. Legal aid remains available for many family cases, particularly those involving domestic abuse. Our team at Adel Jibs & Co in Enfield can quickly assess your eligibility and help you access the funding you need.
Contact us today on 020 3417 3859 or email info@adeljibssolicitors.co.uk for a free initial eligibility assessment.