Words: Neville Benbow, Acting Bâtonnier, Legal Aid Jersey
If you are undergoing divorce or separation and have dependent children, you may need the support of a family lawyer to advise you on your rights and assist you in formalising your divorce or the terms of any separation agreement. Lawyers will also assist you in agreeing financial arrangements, including for maintenance and child support, as well as in reaching agreement on contact and living arrangements for the children.
If you cannot afford to engage a lawyer privately, in relation to a family matter, you may be eligible for Legal Aid. Legal Aid plays a crucial role in ensuring that families and single parents have access to justice. Without legal aid, some individuals might find themselves at a severe disadvantage, unable to present their case clearly or secure a fair outcome for themselves and their children. Legal Aid levels the playing field, providing the necessary support and guidance to those who need it most. It ensures that financial constraints do not hinder access to justice and helps protect the most vulnerable members of society.
In Jersey, Family Law Legal Aid is available for the following matters:
Ancillary (financial) relief claims where there are dependent children
Child maintenance claims (except those instigated by Social Security)
Divorce / Judicial Separation / Civil partnership / nullity proceedings where there are dependent children
Residence and contact disputes
Injunctions within the family law context
Claims by a child under the Legitimacy (Jersey) Law 1973
Legal Aid is means tested and is only available to those who meet the financial eligibility criteria (currently personal income of less than £45,000 or assets (cash, investments or property) of less than £67,000).
Legal Aid is not free to everyone who qualifies; depending on your income, you may have to make a contribution towards the costs, although these costs are much lower than private rates and are capped. If you qualify for Legal Aid you will be told how much you need to pay each month.
To apply online for Legal Aid or to find out more about whether you are eligible for Legal Aid, go to www.legalaid.je
