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Legal Aid

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WhereWhyWhenwhoooo Sun 10-Jan-21 19:01:40

Hello,

I have a friend in a sticky situation.

I just wondered if anyone knew if Legal Aid is awarded to victims of domestic abuse regardless of prospect of success?

For example, a wife wants to start financial proceedings as a divorce settlement could not be agreed. If she could prove domestic abuse using a GP referral letter, would she be awarded Legal Aid even if she was unlikely to 'win' any kind of payout as it were?

Thanks a lot in advance

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Collaborate Tue 12-Jan-21 09:45:13

There needs to be reasonable grounds for taking proceedings, so no, LA should not be granted, and if LA is somehow granted the litigant on the other side can make representations to the LAA.

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WhereAmITho Wed 13-Jan-21 17:41:00

@Collaborate

Thanks a lot. That's interesting. Sorry, in layman's terms what does make representation mean?

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Collaborate Wed 13-Jan-21 17:44:07

It means writing to the LAA to see if they will discharge the certificate.

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MrsBertBibby Thu 14-Jan-21 08:19:29

Why does she want to pursue a financial claim if she doesn't expect to get anything?

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WhereWhyWhenwhoooo Thu 14-Jan-21 15:55:47

@MrsBertBibby

It's quite complicated. She is not fully aware of his financial situation as they separated 3 years ago but is hedging her bets that a large lump sum he may have received after their separation is being hidden from her.

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WhereWhyWhenwhoooo Thu 14-Jan-21 15:56:51

It is entirely possible that there is no such lump sum, but would like to take him to court to find out.

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