Family Mediation Croydon reports Numerous individuals may be deterred from initiating divorce procedures due to the financial burden associated with the process. There is plenty to consider, including the divorce petition, child custody agreements, and the disposition of cash, assets, and property. If you cannot afford the expenses involved with a divorce or separation, Legal Aid may be able to assist you financially.
Since 2012, Legal Aid has been eliminated for the majority of family law issues, but not for family mediation. This comprised dissolution and divorce. This is not eligible for Legal Aid unless you are a victim of domestic violence, there is a risk of child abduction, or you face homelessness.
Domestic violence
If you or your children are victims of domestic violence, you may be eligible for Legal Aid. It is essential that you can provide evidence of this. Emotional abuse, such as domineering and coercive behaviour, physical assault, and financial control constitute domestic abuse. It might be difficult to give proof of domestic violence, however the following questions can help:
- Policemen
- A MARAC (A multi-agency risk assessment conference)
- Social services
- Health professionals include a physician, midwife, nurse, or health visitor
- A haven for ladies
- Domestic violence assistance
- Your employer, educational institution, or training provider
Civil Legal Advice
As part of a separation or divorce, you may seek legal counsel. This again comes at a price. You may be eligible to get legal counsel from Formal Legal Advice (CLA) as part of your Legal Aid. You must provide your CLA advisor with evidence of domestic violence, as outlined above.
Aid with Costs
You may qualify for “Help With Fees” if you receive benefits, such as Universal Credit or income-based Employment and Support Allowance, or have a low income. This is a particular financial assistance to meet court application fees.
Legal Aid for Mediation in Families
It is essential to note at this time that you do not have to apply directly to the court for a child arrangements order or a financial order as part of your divorce. You can utilise Croydon Family Mediation. In fact, it is typically required by law to undertake Family Mediation prior to filing a court application for child custody or a financial order. There are exceptions to this rule, such as instances of domestic violence. The same evidentiary rules apply. However, it is possible that your mediator will declare mediation inappropriate due to domestic violence without requiring evidence. Here, we have written extensively on the exceptions to the rule.
A family mediator will assist you in reaching a mutual and agreeable decision over how to proceed with your divorce. This includes matters such as child care and financial arrangements. It is less expensive and faster than going via the courts.
Contrary to legal advice and representation, Legal Aid is provided for mediation. This all depends on your financial situation. If you get a welfare benefit that is portable, such as Universal Credit, or have a low income, you may be eligible for Legal Aid.
If you qualify, Family Mediation Croydon is contracted with the Legal Aid Agency and may thus offer our services for free. Legal Aid for Mediation in Families Croydon will fund the following expenses:
- The Mediation Information and Assessment Meeting (MIAM) for you and your former spouse.
- The cost of your Croydon Family Mediation sessions. If your ex-spouse does not qualify for Legal Aid in their own right, your Legal Aid will also pay the cost of the first hour of mediation for them. If your ex-spouse does not qualify for Legal Aid, the Family Mediation Croydon Voucher Scheme may provide assistance for child arrangement procedures.
- The writing of your parenting plan, financial disclosure, and memorandum of agreement. Your mediator will present you with legal documents that summarise the recommendations made during mediation. You can use these forms to ask a lawyer to draught a consent order, which is a legally enforceable agreement.
To apply for Legal Aid, you will need to contact our office, who will give you a brief application form on which you will describe your financial position and attach any pertinent documentation. If your application for Legal Aid is approved, your mediator will seek reimbursement from the Legal Aid Agency for their fees.
Although intimidating, remember that you may represent yourself in court. This is becoming more prevalent in child custody battles. It applies less to financial agreements, and it is recommended that you get legal counsel before making financial decisions.
Overall
There is no doubt that divorce court processes are an expensive endeavour, but you may be eligible for financial assistance. There is readily available funding for mediation, and even as a private client, it is typically less expensive than requesting a court’s decision.
Contact our Mediation at Croydon or call on 0208 719 0001 |
