Chapter 2- Funding Family Law

Question 1

What must be established with a client?

Answer 1

Their source of funds for legal fees

Question 2

Which cases are covered by legal aid?

Answer 2

Public Law- protection of children

Private Family Law- evidence of domestic violence

Private law children- evidence child abuse

Child abduction

Representation for child - private family case

Legal advise in support of mediation

Domestic violence where there is an injunction

Forced marriage protection

Question 3

What is established via a means and merits test?

Answer 3

Clients financial status, are they on benefits, does their case warrant legal advice is it not a trivial matter

Question 4

How many levels of funding are there?

Answer 4

4

Question 5

What are the levels of funding

Answer 5

Level 1- initial advice from solicitor

Level 2- family help, help up to the point of issuing proceedings

Level 3- family help higher, representation in proceedings

Level 4- preparing for final hearing and representation at final hearing

Question 6

Is MIAM compulsory (Mediation information assessment meeting)

Answer 6

Yes, under S10 Children and Family’s Act 2014

Question 7

What is the MIAM process

Answer 7

Applicant will contact professional mediator and arranged MIAM

Will then be assessed as to whether mediation is appropriate - if not proceeds through court

Question 8

Alternative funding methods

Answer 8

Obtaining loan from family/friend
Obtaining bank loan
Sears tooth agreement
Court orders
New fee arrangements
Online divorce websites