Family Law

[vc_section][vc_row][vc_column][vc_column_text]Our family department has solicitors, assisted by caseworkers and trainee solicitors. We have wide experience of all aspects of family law, and provide expert advice and representation in the following areas:[/vc_column_text][vc_column_text]We recognise that family breakdown and children cases can be distressing to all involved, and we take a sympathetic approach to resolving your problems. Our aim is to provide excellent independent advice, to get the best results for you. In urgent cases, we can act immediately to secure injunctions and safeguard your rights.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_text_separator title=”Our qualified specialists provide their expertise on core areas.” color=”orange”][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Our areas in Family Law.” font_container=”tag:h2|text_align:center”][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][os_iconed_feature text_align=”left”]

• Divorce and relationship breakdown
• Financial settlement and child support
• Contact and residence for children

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• Domestic violence and injunctions
• Adoption and wardship
• Child abduction
• Care proceedings and other social services involvement

[/os_iconed_feature][/vc_column][/vc_row][/vc_section][vc_section][vc_row][vc_column][vc_text_separator title=”Mercy Solicitors Family Fees & Funding” color=”orange”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

We have a wide range of fee options to choose from, depending on the level of service you require. We able to offer fixed fee options and instalment plans to help spread the cost. Legal Aid is still available for some of our services.

Further detailed information can be found by clicking on the links below: –

• Family and Child Law Fees
• Family Legal Aid
• Legal Aid Financial Criteria

Family & Child Law Fees

FIXED FEES GENERAL

1. One off up to one hour meeting(general advise letter to be sent following meeting)

£150

2. One off up to one hour meeting (general advise letter to be sent following meeting and one-off letter to other side for negotiations)

£200 

Fixed Fees for Divorce Proceedings

3. DIY Divorce

Lawyer assisted divorce. This includes meeting followed by detailed advice letter on completion of divorce papers and procedures involved, reading completed documents and checking they are correct, further advices on telephone. Fee payable at the start of the case.

£300 

4. Fixed Fee for Uncontested Divorce (Petitioner)

This fee is for an uncontested divorce where both parties cooperate with the procedure. Includes initial consultation, corresponding with the Respondent, preparation of all paperwork, lodging all documents with the court from the issue of proceedings to first appointment. This fee does not include any work in respect of children matters, ancillary relief matters etc. This fee does not include court fee for application for bailiff service, deemed service, instructing a process server etc.

£950 plus court fee (£550) (some clients may be exempt from paying this fee)

5. Fixed Fee for Uncontested Divorce (Respondent)

Includes the initial consultation, corresponding with the petitioner, completion of acknowledgment of service, advises on decree nisi and decree absolute

£400 

6. Fixed Fee for drafting divorce petition only

£200 

7. Statement in support of service

Drafting statement in support of divorce and application for decree nisi

£100 

Fixed Fee for Children Act Proceedings

8. Preparing and Drafting Application for Children Act Proceedings

Preparation of Children Act applications including C100 (and if required C1, C2 and C8)

(i) C100 and C1A

£200 for C100

£350 for both C100 and C1A

(ii) C1 and C2

£150

(iii) C8

£50

9. Fixed fee appointment for preparing first statement

£500-£1000 for statement subject to paper volume and complexity

10. Fixed fee appointment for parental responsibility agreement

£150 Court Fee (£45) or fee remission

Fixed Fee for Advocacy in Children Act Proceedings

11. Advocacy for directions/review hearing (T/E 30 minutes – 1 hour)

£350-£500 – for advocacy depending on complexity and paper volume.

12. Advocacy for contested/final/fact finding hearing

Half day from £750

Full day from £1,000 – £1,250

Refresher £750 per subsequent day

Fixed Fee for Change of Name for Adults

13. Change of Name and/or Statutory Declaration

£75.00 

Protecting the Family Home in the Client’s Spouses Sole Name

14. Advise and drafting matrimonial home rights notice

£195 plus any relevant Land Registry fee if applicable

Fees & Funding Services

Family Legal Aid (Public Funding)

To qualify for Legal Aid for Children or Family matters you must prove that you are the victim of domestic violence OR you are at risk of being a victim of domestic violence or the child in question is a victim of child abuse OR is at risk of being a victim of child abuse and you are NOT the perpetrator. In addition to this you will also need to satisfy a financial criterion and this will consider your income and capital. There are some exceptions to this however which will be mentioned below.

Exceptions

1. If you need legal advice and legal representation because Social Services have told you that they want to remove your child from your care then you will automatically qualify for Legal Aid and it will not be necessary for us to assess you.
2. If you require protection e.g., an injunction from an ex-partner or family member because of domestic violence then you will qualify for Legal Aid automatically. However, you may have to pay a contribution towards this depending on your income and capital.
3. If you require a forced marriage protection order because you are being forced to marry against your will or you are being threatened with a forced marriage then you are automatically eligible for Legal Aid.
4. If your child has been removed by someone without Parental Responsibility and you did not consent to them taking the child then this is Child Abduction and you will automatically be eligible for Legal Aid. If your child has been removed by someone with Parental Responsibility and you did not consent to it, it will only be Child Abduction where they remove them outside of the UK. If they have been removed to within the UK then you will need to satisfy the criteria set out below to be eligible for Legal Aid. Please note that your child must have been removed from your care to be able to obtain funding it is not enough that someone is threatening to remove your child from your care.
5. If you are between the ages of 16 and 18 then you will qualify for public funding providing you are eligible for Legal Aid regardless of domestic violence and/or child abuse. If you are living with your parents then they will be financially assessed too. If your parents do not qualify financially then you will not qualify for Legal Aid.
6. If you do not fall into the above categories and there is no domestic violence or child abuse then you may still be able to get Legal Aid if we regard your case as exceptional. You will however still need to be financially eligible. Whether exceptional funding is granted will depend on the importance of the issues at stake, the complexity of the procedural, legal and evidential issues and the ability of the individual to represent himself without legal assistance, having regard to his age and mental capacity. For example, if you are a father applying for an order to allow you to see your child and there are very serious allegations against you, requiring the court to have a “fact finding hearing”, this will involve difficult evidential issues requiring expert cross examination for which exceptional funding could be applied for. If we feel that your case is exceptional then we can help you apply for public funding and if you are successful, we can then act for you in your family matter. There is of course no guarantee that you will be granted funding.

Legal Aid Financial Criteria

If you are in receipt of Income Support, Income Based Employment Support Allowance, Income Based Jobseekers Allowance or Guarantee Credit then you will automatically qualify on the income part of the assessment. These are known as passporting benefits.

If you are not in receipt of one the above “passporting” benefits then an income calculation will be carried out.

This calculation will take into account ANY regular income that you receive each month e.g., gross earnings, tax credits, benefits (with some exceptions), child and spousal maintenance or financial support from a relative or friend. If your total gross monthly income exceeds £2,657 (unless you have 4 or more children) then you will not satisfy the income criteria.

Once your total gross monthly income has been calculated and you do not exceed the above figure, we can then deduct certain expenses e.g. rent/mortgage, tax and national insurance, child allowances. If the final figure is £733 or less you will satisfy the income part of the assessment.

An assessment will then need to be carried out on your capital. This will look at properties owned, savings, stocks, shares and valuable items. If your capital is assessed as being less than £8,000 then you will satisfy the capital part of the assessment.

You must satisfy the criteria for both income AND capital to be eligible for Legal Aid.

We will require proof of ALL your income, capital and outgoings for example:

1. Benefit letter dated within the last 6 months confirming which benefit you are in receipt of e.g., Jobseekers Allowance
2. Wage slips if you are employed (previous 3 months)
3. Invoices to clients if you are self-employed (previous 3 months) and/or cash book
4. Tax Return if you are self-employed
5. Letter from your accountant confirming your drawings for the last year if you are self-employed
6. Private/Occupational Pension documents
7. Previous 3 months bank statements for all bank accounts you hold
8. Recent tax credit award notice
9. Proof of child benefit
10. Proof of maintenance payments you receive from your ex-partner
11. Proof of financial support you receive from a family member/friend
12. Student grant/loan letter
13. Proof of rent paid-rent account statement or tenancy agreement or letter from the person you are staying with confirming how much rent you pay them and how i.e., cash in hand/cheque
14. Proof of mortgage payments
15. Proof of child maintenance payments if you pay them
16. Proof of childcare-a letter from your child-minder confirming how much you pay and when/invoice/contract or agreement
17. Proof of any capital for example stocks and shares

This list is not exhaustive and proof we require will vary from case to case.

You can see if you are eligible by going to: http://www.justice.gov.uk/legal-aid/assess-your-clients-eligibility/civil-eligibility-calculator

Domestic Violence and Child Abuse

To prove that you are or have been the victim of domestic violence or the children involved are victims of domestic violence and you are NOT the perpetrator. This evidence must be from within the last five years.

Domestic Violence

The definition of domestic violence is 

“any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other”

New regulations set out specifically what evidence we can accept to prove you have been or are currently a victim of domestic violence.

For information on what forms the evidence can take and what the evidence must contain please go to:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/523451/evidence-requirements.pdf

Child Abuse

Abuse of a child can include violence, neglect, maltreatment and exploitation of a child under the age of 18. You do not need to be a parent of a child you feel is at risk you just need to be able to prove the child is at risk. In addition to this the evidence requirements do not necessarily need to relate to the child you have concerns about. For example, if you have care of your grandson and your daughter is seeking contact but she has been convicted of a child abuse offence relating to another child that is enough to satisfy the evidential requirements.

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