Updated guidance for applicants fleeing or in an abusive or controlling relationship

We understand that it can be difficult for applicants who have had to flee an abusive or controlling relationship to be able to provide the relevant financial verification to support their civil legal aid applications.

We have updated our guidance to explain that we can use our discretion to either disregard income or capital where we consider it reasonable to do so.

It is important that our teams are told why information may be missing to avoid any delays in decisions being made by us.

Please see the updated guidance for full details.

Our published decision makers’ guidance on ‘Income other than from wage or salaried or employment’ has also been updated to reflect this.

You can find this at Section D.

The merits tests

It can also be difficult for you to obtain the financial vouching needed to support the merits tests in an application for divorce with financial provision.

We have amended our guidance to explain what you should do in these circumstances.

Where it is not possible to give us vouching of the financial position, the applicant’s statement should provide as much information as is available to demonstrate the level of matrimonial assets and debts, so that we can assess whether the statutory tests of probable cause and reasonableness are met in respect of the financial orders they seek.

Please see the updated guidance for full details.

More information

Please contact:
Civil Finance: Cindy Morrice, Head of Civil Finance, morriceci@slab.org.uk
Merits: Wendy Dalgleish, Head of Civil Legal Services, dalgleishwe@slab.org.uk

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