Accessing legal support

You may be able to access some initial, free legal advice from an advice agency before you begin legal proceedings. This can help you to decide whether you need to find a lawyer  and to think about your next steps. A lawyer is either a solicitor or a barrister. A solicitor mainly deals with legal work outside of court, and a barrister usually represents clients in court.

The following organisations may be able to support you with some advice:

Citizens Advice
www.citizensadvice.org.uk
Local Citizens Advice centres can offer legal advice and help you to find a local lawyer.

Finding Legal Options for Women Survivors (FLOWS)
www.flows.org.uk/local-services
A legal support service for women who have experienced domestic abuse. Can support you to find an advice agency or solicitor who can help you decide what to do next.

Law Works
www.lawworks.org.uk/legal-advice-individuals
Offers free legal advice through a network of local law clinics.

Legal Choices
www.legalchoices.org.uk/legal-choices/got-a-legal-issue
Can support you to find out which area of law you need support with, whether you might need a lawyer and how to find one.

Rights of Women
www.rightsofwomen.org.uk/get-advice/family-law
The National Family Law Line run by Rights of Women can provide advice on matters including: domestic abuse; divorce, finance and property issues; parental responsibility and arrangements for children. Call on 020 7251 6577 (Tues–Thu, 7pm–9pm; Fri, 12pm–2pm).

It may also be helpful to read the information on family law from Rights of Women.

Some of the organisations above may be able to help you to find a lawyer. A list of lawyers that provide support to clients eligible for legal aid (government financial support) is available from Public Law Project. See more information on legal aid below.

A lawyer can outline your legal options and represent you in court. Many lawyers will offer an initial 30-minute appointment free of charge. During this appointment, it will be helpful to explain to the lawyer about the abuse you have experienced so that they understand your circumstances.

Your lawyer will perform a conflict of interest check to ensure they are not working for the abuser. This is particularly helpful if you live in an area with a small number of law firms.

You do not have to instruct the first lawyer that you meet and may wish to speak to more than one before making a decision.

Legal aid is financial support to help meet the cost of legal advice and representation in a court or tribunal. It is available in cases of domestic abuse (including economic abuse), depending on your circumstances.

A lawyer will be able to support you to find out if you are eligible for legal aid. They can make the application on your behalf.

Providing evidence 

You usually will need to show evidence that you have experienced domestic abuse. A lawyer or legal advice agency will be able to advise on the evidence that would be beneficial in your case, depending on your circumstances. Your bank, a health professional or domestic abuse support service may be able to support you to gather evidence.

Rights of Women’s Guide to Family Law Legal Aid has more information on applying for legal aid and providing evidence.

Legal aid means test

To be eligible for legal aid, you will usually also need to pass a means test to prove that you cannot afford to pay legal costs. You will be asked for information about your finances, including your income, savings and property you may own. The means test is complex. You may wish to read further information on eligibility for legal aid.

The legal aid means test does not take into account many of the tactics that perpetrators of economic abuse use. The abuse you have experienced may prevent you from accessing income, savings and other economic resources that you are required to declare in the means test. For example, the abuser may be refusing to pay child maintenance or their share of the mortgage, leaving you with no disposable income or in debt.

There is information below on finding support if you are deemed not to be eligible for legal aid. This information may also be useful if you are offered some help from legal aid but are asked to make contributions that you can’t afford.

Legal aid for homeowners

If you are a homeowner, it may be harder to prove that you cannot afford to pay legal fees. However, the Legal Aid Agency has recently recognised that domestic abuse survivors may have ‘trapped capital’. Trapped capital is money that is tied up in a property and that you can’t access. This may be because you jointly own your home with the abuser and they will not agree to the property being sold or borrowed against. This change to the legal aid rules means that, in some cases, it may now be easier for you to access legal aid as a homeowner.

We have information on some hardship grants that may be available. It may be possible to get a grant to cover at least some of your costs if you are not eligible for legal aid, or if you are asked to pay contributions that you can’t afford. You can search for more grants on the Turn2us website.

It is important to speak to a money advisor if you are considering taking out a loan, such as a litigation loan, to cover your legal costs.

Litigation loans can often lead to very large amounts of debt and should be approached cautiously. 

If you are not eligible for legal aid, you may still be able to access advice or representation from a lawyer free of charge. Some law firms will offer a short appointment to discuss your needs at no cost, or some may work on a ‘pay later’ basis. Citizens Advice has information on affordable ways to use a solicitor.

The following organisations may be able to help you find representation if you can’t afford a lawyer.

Advocate
www.weareadvocate.org.uk
Provides free legal assistance from volunteer barristers.

Coram Children’s Legal Centre 
www.childrenslegalcentre.com/about-us/what-we-do/legal-practice-unit/
Provides casework, advice and representation on legal matters related to children through its Legal Practice Unit.

Daisy Chain Project
www.thedaisychainproject.com
Can offer advice, support and representation in court for people who do not qualify for legal aid.

DARA – Domestic Abuse Response Alliance
www.daraproject.org
Lawyers from leading law firms can represent people who are not eligible for legal aid and who can’t afford private representation to seek protective injunctions against the abuser.

Law Centres Network
www.lawcentres.org.uk/i-am-looking-for-advice
Local law centres can offer face-to-face legal advice and representation for people who can’t afford a lawyer.

National Pro Bono Centre
www.nationalprobonocentre.org.uk/finding-legal-help/
Can provide free legal advice and representation.

RCJ Advice
www.rcjadvice.org.uk
A Citizens Advice Service that can offer free legal advice and representation in family law cases.

You do not have to be represented by a lawyer. Rights of Women has information that may be helpful if you plan to represent yourself in family legal proceedings.

The following organisations may be able to support you through court proceedings with information and advice if you are representing yourself.

McKenzie Friends
www.mckenzie-friend.org.uk
Can accompany you to court if you are representing yourself in a family legal case. Experienced in court proceedings, McKenzie Friends can offer advice and support, as well as take notes.

Support Through Court 
www.supportthroughcourt.org
A free service offering support and guidance before, during and after court. Can provide emotional and practical support to those without a lawyer, including explaining how the court works and filling in forms.