AIBU to think that there must be a way of access to legal advice for the "squeezed middle"?

[TattyDevine]

Friend of mine is going through a break up, divorce, house sale, has a couple of kids, all that kind of thing. Her ex is giving her hassle about all this, particularly the house sale, and access, though I don't know all the details.

She earns a reasonable but part time salary and consequently is not able to receive any legal aid; however she has virtually no disposable income, for obvious reasons.

What does one do in a situation like this? Has anyone been through this? Surely there is some kind of system that allows people in this situation to access legal advice? Sorry to use AIBU for this but its high traffic and if there is a debate to be had from it, that'd be worthwhile I reckon?

perhaps she finds a solicitor who will accept payment when everything is settled.

I assume there are such things then? I used to work in law but not for the family/high street type so clueless about how their fee structures work. Interested to hear from anyone who works for one or who has done it. Thanks Molly though, that was my initial thought is that she can't be the only one in this position and that they'd lose a lot of potential business if they needed huge retainers up front...

Sadly, this is the case for an increasing number of people. If your friend works part-time though she may still qualify if her income is low enough, though I'm not sure if the new rules on legal aid apply that restrict aid for divorce (except in cases of DV).

If she's intelligent and prepared to do some reading, she could consider self-representation, and the CAB may be able to help give some advise, as could some kindly souls on the legal board on MN.

Are the DC resident with her? If so, is she getting maintenance? If not, why not. This might help free up some cash to help get legal advice.

I wish her the best. It's horrible that so many people find themselves in this situation.

Look up legal aid online. There are quite a few different reasons as to why you can get it. Not knowing your friends' whole life story I couldn't say whether they're entitled or not. But don't assume they can't get it without checking first. And CAB will be able to give her advice to some degree.

Thank you people!

My house insurance offers a legal advice helpline. Have never used it, so not sure exactly what it covers, but it might be worth her looking at her house insurance, just in case.

all my old contents insurance things covered up to 1 million in legal aid. surely some insurance must have it included

Hiya. I am the friend in question :) I have been assessed for Legal Aid. I dont qualify as apparently I have too much coming in (I only work 2 days and dont get much of an income but ex pays a small part towards mortgage to keep his hand in and also minimal maintenance) but they dont count the huge joint debts I have been left with. I need to sell the house in order to pay these off and basically start again. I am a Legal PA myself but the firm I work at don't deal with matrimonial. I have tried to get some legal assistance on the phone but the firms I have tried so far want paying up front which I simply can't do as I have been left by helpful ex to sort the house out in order to sell it (DIY was NOT his forte - plus I need to pay the energy performance certificate, etc). I am desperately trying to see somebody at the CAB but due to working part time and having a 2 little ones, they are either usually closed on my days off or, like today, I sit down there with the kids for hours only to be in a huge queue and have to leave to feed and water said kids! I will go armed with lunch next Tuesday which is the next day I can get there. Thank you for your replies. I shall see what legal advice I have through household insurance maybe car insurance? Anybody else that's been in this situation that can advise, I would be most grateful!

CAB is there for everyone.

Have you thought about talking to some debt management advisors? I don't mean the people who get you to take out loans, but the ones who talk to companies on your behalf and try to renegotiate payment terms/get interest freezes. If nothing else, it might buy you a bit of time or reduce the need to sell the house.

In terms of house repairs, when you do speak to a solicitor, make sure you get the cost of those back from the sale of the house. Not fair for your ex to piss off and leave you with expensive work to do, then claim half the profit from the house. If he's not paying his full share of the mortgage, then that might affect his entitlement too.

Ooh yes Karma good points there!

Thanks Karma :) very good points. I have spoken to some debt management people but really dont want to affect my credit rating as I will need to go and rent somewhere - or possibly get a small mortgage on a shared ownership. Oh he's more than unfair! The access issue is a nightmare. He "says" he will have them 3 nights a week - which affects how much CSA he should pay - but lets them down at the last minute all the time, plus doesnt for any nights 2 weeks out of 6 due to his shifts. I've let it go up until now as he is continuously abusive so Im noting down every hour he looks after them! He barely feeds them and never baths them. But those are other issues I need to get help with. Now Im through the hardest part, I can see why people were saying I was being a mug and being too kind with him! Im going to note down every single penny I pay out on this house before its sold. Ive also been told Im entitled to some of the shares he got whilst we were married (we didnt go on holiday for 5 years so he could save - not that I minded coz I saw it as an investment) plus that I should get more than 50% of the house as I need to rehouse me and the kids but he went absolutely crazy calling me really abusive names when I tried to speak to him about this. I know now the time has come to involve someone more professional as Im having untold sleepless nights and feel constantly run down. Anyway, going off on a rant there instead of sticking to the point at hand! I shall look into my various insurances and see what they say. Thanks again everyone!

Sorry should say "doesnt have them for 2 weeks out of 6"

Our CAB were rubbish and refused to help me because I had a job. They said I should see a solicitor as I was not deemed disadvantaged enough to be on their priority list and stood a very low chance of ever getting an appointment with one of their advisors. This despite me telling them I couldn't afford a solicitor hence phoning them. I was on £10k a year at the time so hardly a big fat salary.

Quite a lot of people in the actual squeezed middle are eligible for legal aid still, but not all. While the legal aid eligibility rules are the same everywhere and the solicitor will have precisely no right to give leeway, its worth double checking your eligibility JM. People do make mistakes. You could try another solicitor, just to be sure. But they're right about not counting the debts though, and they can only deduct what you yourself actually spend on mortgage and childcare.

Re legal aid cuts, they haven't come in yet. So there doesn't need to have been DV in order to get legal aid for a divorce. not yet.

Regrding the CAB, they're worth a try but I wouldn't expect that much. They have massive funding cuts, and some have funding arrangements that only allow them to see people who are legal aid eligible. Blame the cuts, not the CABs DrCoconut! Most of them do a decent job at what they do, given the constraints. But apart from the advisors who actually are solicitors/substitutes for solicitors, they can't provide complex legal advice in the same way and therefore aren't substitutes for solicitors.

It might be the best thing to bite the bullet and pay for an hour of advice. I appreciate the point re no disposable income, but it may be one of the best investments you ever make. You could also try the Rights of Women helpline, although they're very short staffed too.

Thanks so much for your response Flangelina. I shall look into those options too and also try other solicitors. When I check my eligibility for LA online, says I am eligible although the when they went through my paperwork at the solicitors, I didnt appear to be. I will keep trying. I hadnt heard of the Rights of Women helpline so will give them a try too. I'm trying to save some extra money to at least get an hour of advice as you are absolutely right - it could be the best investment I make. Had both my children's birthday this month however so will need to wait until March.

Thank you Babybarrister I will pop on to there right now! Really appreciate everybody's feedback.