Divorce is a challenging process, often filled with emotional and financial strain. When navigating divorce mediation, having legal support can make a significant difference. In this article, we’ll explore how legal aid solicitors can assist you during divorce mediation, addressing the challenges faced, the benefits of legal representation and eligibility for financial assistance from Legal Aid.
We will also provide guidance on finding divorce solicitors near you and what you can expect from solicitor fees during this process. Whether you are concerned about receiving adequate support or seeking clarity on Legal Aid, this guide offers essential information for a smoother mediation process during this difficult period.
Challenges Faced During Divorce
Financial Concerns
When it comes to divorce, often one of the biggest concerns for both parties involved is finances. Not only is there financial pressure when it comes to paying court fees and solicitor fees, but if one partner is financially dependent on the other then this can leave them worried about their future financial position. Equally, the other partner may be concerned as to how much of their finances they may lose during the divorce as a result of division of assets.
Navigating Child Custody
Divorce is always made trickier when children are involved, as a decision on custody will need to be made. This can be made especially difficult in contentious divorces when neither party is seeing eye to eye and emotions are heightened.
Even if child custody arrangements are amicable, the situation can still be understandably difficult for the children themselves – especially young children who are used to routine and won’t necessarily be able to fully understand the situation at hand.
Housing Arrangements
If both partners share a home, then housing arrangements post-divorce can be tricky. First there needs to be a decision on who, if either of them, gets to keep the home and.or whether they can afford to. Then there’s the issue of one or both parties having to find and afford a new home on a sole income, which can be especially stressful to navigate whilst also being in the process of divorce.
Furthermore, should both parties still be living in the same home whilst the divorce is proceeding, this can lead to heightened hostility and conflict in the home environment.
How Can Solicitors Help with Mediation?
Individuals going through divorce mediation can receive significant support from solicitors, who can provide legal advice, prepare the necessary documentation, and help ensure that any agreement reached is legally sound and enforceable – whether through a consent order or other means.
When preparing you for the mediation process, they can explain to you both what to expect and the potential outcomes from the process. During the process itself, they will be able to gather and understand financial information to be used for reaching a fair settlement, and will be able to advise on the fairness of potential settlements. This helps you to set realistic expectations based on your individual situation.
Solicitors can then draft a legally binding consent order that a judge can approve if you reach an agreement through mediation, and will ensure that the agreements made during mediation are legally enforceable. If mediation is, however, unsuccessful, then your solicitor can represent you in court and help you prepare for court proceedings.
Covering Solicitors Fees for Divorce: Legal Aid Eligibility
How Can Legal Aid Benefit You?
Legal Aid is financial support offered by the government to cover the cost of legal fees for those who can not afford to cover them independently.
It’s important to note that Legal Aid is not readily available for most divorce cases. It will only be available to cover legal costs associated with divorce if there has been:
- Domestic violence (including financial abuse)
- Violence
- Child abduction
It should be noted that you must be able to provide evidence of this, also. However, you can also apply for Legal Aid to pay for mediation during a divorce, although this is means-tested so only certain individuals will be eligible.
During mediation, Legal Aid can cover either some or all the costs of mediator’s fees for the sessions themselves, as well as the cost of document preparation. The initial Mediation Information and Assessment Meeting (MIAM) is also free if you are eligible for Legal Aid.
Who’s Eligible for Legal Aid?
As we’ve already mentioned, legal aid is only available to support the full costs of divorce cases where domestic violence or child abduction is involved. As for covering the cost of divorce mediation, however, then eligibility is means-tested, meaning your eligibility depends on your financial situation.
This will include having to pass both a capital ‘test’ and an income ‘test’. The factors that are looked at during these include:
- Any property that you own (either sole our joint ownership)
- Any savings, investments or valuable items you own
- Your total income, (including salary, wages, dividends, benefits, and/or maintenance)
- Your housing costs
- Any benefits you receive
- The number of dependent children who live with you
- Any childcare costs or maintenance you pay
You can check your eligibility for legal aid on the government website.
Another important thing to note is that you can only receive legal aid support for divorce mediation when working with mediators that have a legal aid contract. When making an appointment for an initial MIAM, such mediators will be able to check on your behalf whether you are eligible for legal aid.
You will need to present them with some evidence relating to your finances to determine this, for example:
- Universal credit statements
- Bank statements
- Payslips
- Self-employed business accounts and tax return
Divorce Solicitors Near Me
Navigating divorce mediation can be complex, but you don’t have to do it alone. If you’re facing divorce and need legal support, Richard & Lewis is here to help.
If you’re wondering ‘where can I find lawyers near me to help?’, then we’re the local firm you can rely on. We provide expert advice and guidance to ensure you achieve the best possible outcome. Contact us today for a consultation and take the first step towards a smoother mediation process.
