To wonder why there are NO legal aid divorce lawyers in London?

[KhalliWhalli]

Just to add, this isn’t for me, I got divorced in 1998 and had my choice of lawyers in London, prepared to take on my case. This was in spite of the fact that I was a Legal Aid case as I had just given birth and was on Mat Leave, so no spare cash.

Fast forward to now, I am trying to help a friend with a legal problem in relation to her ex and her children. She is on benefits as she is a full-time carer for one of their children.

Between us, we called as many solicitors offices as we could. We were told that the Legal Aid rules mean that she is restricted to solicitors in her geographical area, but... none of them take on Legal Aid cases.

We tried calling the Law Society, but they have suspended their public helpline.

So is it really the case that there are no Legal Aid solicitors who take on divorce cases anymore? If so, what are women in awful marriages supposed to do? Stay married because they can’t afford to get divorced?

Legal aid is only available in domestic violence cases.

So you now pay for it yourself.

Geography isn't why she can't get legal aid for her divorce. It no longer exists unless the person can show they are a DV victim.

Oh really? I wonder why none of the solicitors told us it was only for DV cases. So poor people cannot divorce anymore? Only rich people?

Nope. Everyone can get divorced. You can do it without lawyers in many situations. Nothing to do with being rich.

It’s a question of proof of DV, falling under the financial threshold and the fact that the rates for legal aid, especially for divorce, are so poor that most solicitors who used to do legal aid didn’t bother to bid for new contracts at the last tender. There are, indeed, legal aid deserts.

Has your friend looked at whether they are eligible for reduced court fees? That's the expensive part if she can self-represent (although a hearing(s) may not be necessary).

It is a complicated international custody case. I love my friend, but there is no way she has the ability to represent herself (sorry friend ).

I got divorced without lawyers. Why does she need a lawyer?

Ah cross post

@gobbynorthernbird She only gets £830 per month, including Carers Allowance. Out of this, she has to pay all her bills and food for her and her DC. She literally has nothing left over for court fees.

@Blessex You did? Can you give us any tips? Thanks.

You may have already looked here, but underneath the section on legal aid there is info on options if you're not eligible:

www.citizensadvice.org.uk/family/sorting-out-money/help-with-legal-fees-when-you-separate/

@KhalliWhalli I don't do family law but it may be that she gets the application completely covered. There are also organisations such as rights of women who may be able to help/signpost help.

Sadly this is what happens when they don't increase the rates of pay for legal aid work for 10 years plus. Its no longer economically viable for most firms. I've done legal aid work for 25 years. I'm afraid I'm not in London. Have you tried ringing the Law Society? They can help with finding a solicitor.

@justinhawkinsnavalfluff The Law Society have suspended their public helpline.

@user16395699 Thanks for the link, that confirmed that you can only get Legal Aid in certain circumstances.

Her DH is threatening to take one of the DC abroad and not bring them back. I guess she has no choice but to accept it.

Thanks for your help - it is much appreciated.

@justinhawkinsnavalfluff

Sadly this is what happens when they don't increase the rates of pay for legal aid work for 10 years plus. Its no longer economically viable for most firms. I've done legal aid work for 25 years. I'm afraid I'm not in London. Have you tried ringing the Law Society? They can help with finding a solicitor.

It's also what happens when virtually all divorce cases are taken out of scope for legal aid, but you're right to highlight the death of a thousand cuts that was going on before the Tories finally saw it off.

Had to borrow the money to file for divorce through the gov.uk website, at the end of last year. All done and dusted by march this year. But was a bit over £500 I think. I'm lucky my mum leant me the money, and that despite experiencing DV it wasn't with my XH.

Even those who need legal aid to be represented in family court struggle to get the legal aid.

It's a farce.

Legal aid is not generally available for many divorce cases except in specific circumstances, namely:

• domestic abuse / violence in the relationship
• child abduction
• if you're at immediate risk of homelessness

You may be able to get legal aid for mediation, however.

I'd recommend looking into whether there are any low-cost caseworkers or solicitors who may be willing to take you on. Pro bono work is sometimes done for separations but it's not super common to be honest, so I'm afraid I wouldn't pin your hopes on it.

@SisterMonicaJoansHabit She doesn’t really have anybody to lend her the money.

What has HAPPENED to this country?

Divorce itself is £550 and you can file online no solicitor needed, fees are reduced in some circumstances too. Child arrangements are not dealt with at the same time, it's a requirement to have mediation and again I think there's sliding scale fees, her ex can be charged too in some circumstances. Best bet is a private arrangement

Legal aid for divorce disappeared almost 10 years ago

@gogohm Her Ex is overseas so I don’t think mediation would work.

Do you know if she could get help with the £550 if she’s on benefits?

@KhalliWhalli

Most people don't need a solicitor, legal aid was more required in times before online filing and csa. There's solicitors that are experts in international custody and they may do reduced fees - normal solicitors wouldn't be any good I suspect

@KhalliWhalli the £550 is sliding scale. I have to pay half