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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

122 replies

KhalliWhalli · 22/07/2021 22:01

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?

OP posts:
MooseBeTimeForSummer · 23/07/2021 01:01

www.lawworks.org.uk/legal-advice-individuals

BootsScootsAndToots · 23/07/2021 01:02

Why is she taking DC to him??

Please tell her not to do this!

Cocomarine · 23/07/2021 02:03

Why on earth is she taking the children abroad to him when she has a concern about international custody?
That’s just stupidity.
A letter from a solicitor?
What’s that going to do, compared to the law in his own country?
Off her rocker.

Apply for passports if she hasn’t already so he can’t. Lock them safely away. Do not fly children to other country where he’ll be able to take both children and passports.

squee123 · 23/07/2021 02:23

She would be a fool to take them to visit him..

Micemakingclothes · 23/07/2021 02:27

[quote KhalliWhalli]@DelilahDingleberry She is taking the DC to visit him, but wants it in writing that she can bring the DC back to the U.K. I thought she could get a solicitor to write something, but they have quoted thousands of pounds to do so.[/quote]
This might be one of the most insane things I have seen on the internet. If she has any concerns he is going to keep the kids, she should simply refuse to make the trip and lock away the passports.

TeachesOfPeaches · 23/07/2021 02:57

Which country does the father live in?

Ratalie · 23/07/2021 03:41

what had HAPPENED to this country?
People keep voting Tory, so things like access to justice fall by the wayside. Legal aid was gutted in 2013

www.bbc.com/news/uk-50923289

MeanderingGently · 23/07/2021 04:01

When I got divorced, I didn't pay much at all. We had no money, there were no assets to split (the house went with my husband's job, we didn't own it), we just divided up our few possessions and bits of furniture.
I earned a low wage, I was under some sort of income threshold so I think the whole thing only cost me about £235, which was basically paperwork stuff. It wasn't legal aid though I didn't think legal aid existed any more.

bp300 · 23/07/2021 04:14

[quote Ratalie]what had HAPPENED to this country?
People keep voting Tory, so things like access to justice fall by the wayside. Legal aid was gutted in 2013

www.bbc.com/news/uk-50923289[/quote]
I think that most tax payers will be glad that money isn't wasted on drawing up an agreement to stop someone's child being taken away when she goes on a trip that she doesn't need to go on. If cases like this were ever covered by legal aid it is probably the reason why it had to be cut back and genuine cases can't access it now. Im also not surprised that she can't afford to pay for her divorce but has no problem paying for a trip abroad or If the ex partner was going to be paying for the trip then he can pay for the divorce instead.

Blueberry40 · 23/07/2021 04:21

Try your local citizens advice bureau? They might be able to offer details of organisations that can help if there are any in the area? Have you googled free legal aid in your area? Sometimes law students will offer regular clinics (fully supervised by qualified lawyers/solicitors) to plug the gap left by legal aid being scrapped and get real life experience.

Peoniesandpeaches · 23/07/2021 04:25

She is crazy to even consider taking them to visit him. I’ve always had good feedback from Rights of Women though they have a free legal advice line: www.rights of women.org.uk

Nearlythere21 · 23/07/2021 04:52

Women in many cases, not just domestic abuse situations, lose a lot when divorcing without a solicitor in terms of financial settlements.

It is also well recognised that having to show evidence to prove domestic abuse fails to recognise the nature of abuse in many families where often the victim has never reached out, sometimes the abuse was recognised for the first time during divorce proceedings.

Very few average people are thinking about this but it is one of the most chilling legacies of the Coalition/Tories. The work to cut legal aid was well and truly underway under Labour.

OP I agree with others, she really shouldn't take them.

Whiskycav · 23/07/2021 07:01

You were quoted thousands of pounds to write a pointless letter? You were quoted thousands, because no wants to write it.

If she takes the kids abroad to hi. And he just refuses to give them back, what good is a letter. She will need to come back and then get legal aid. He could just disappear, what good is a letter?

Is the country she is going to, his home country?

I was abused and I understand its so very complicated, but her voluntarily leaving the country to visit him, isn't going to help her at all.

But it's not clear, if there's abuse here. But either way she can't claim the child is at risk of abduction, whilst taking the children to him. If she believes that are, she should be refusing to take them and let him pursue legal steps to have them go visit him.

How long have they been separated? Has she ever taken them to see him before? How long has he lived in another country.

Pingued · 23/07/2021 07:05

I don't think it's a good idea for her to take her child abroad to see him. Too trusting. If he keeps her child there it will be so difficult for her to sort it out. He can come here to see his child if he wants. Supervised.

ReadySalt · 23/07/2021 07:24

Married, divorced, whatever status DO NOT TAKE THE CHILDREN ABROAD to visit daddy. The divorce is a separate issue, she can divorce without using a solicitor. Is this husband abroad and not coming back?

LakieLady · 23/07/2021 07:31

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

Yep, lots of stuff that was funded under legal aid and the legal services commission money was cut as part of "austerity". There's precious little legal help for housing and benefit matters now, too. And that was done at the same time as the benefit budget was reduced, so most people can't get help unless they live in an area where the council fund it or they have a good CAB or similar.

Blessex · 23/07/2021 07:35

@KhalliWhalli in answer to your question - I divorced a few years ago and there were no need for lawyers. You simply agree on everything between yourselves and then pay the fee which then was about £400. Split that down the middle and that is £200 each.

Agree with others that there is no way she should be flying to her DH country with her kids. No way.

DrinkFeckArseGirls · 23/07/2021 07:36

If he’s abroad, she still needs to file for divorce here. Not sure this is as complicated as you/ your friend are making this out in the way that the case will still need to be heard in the British courts. If he wants to take children abroad, he’d need to set his case before the judge here. Your friend needs to show, if she has them, text/ emails proving the threat of abduction. As children are resident here he can’t take them abroad without her consent, taking them to him in this case is madness.

Why country is him in? Is it covered by the Hague convention?

RandomLondoner · 23/07/2021 07:41

Women in many cases, not just domestic abuse situations, lose a lot when divorcing without a solicitor in terms of financial settlements.

It also used to be the case that if you were a man, and your wife could get legal aid, you were completely fucked in a legal dispute, because legal aid lawyers had an unlimited budget with which to fight you. They could just keep going until you ran out of funds. (Read this on a divorce lawyer web site once.)

I suspect that compulsory legal arbitration would be a better system than an adversarial system with or without legal aid.

Pickapicket · 23/07/2021 07:44

This fantastic organisation will help your friend to represent herself. It is free of charge abs has branches across the country.

www.supportthroughcourt.org/

knittingaddict · 23/07/2021 07:51

@HasaDigaEebowai

Legal aid is only available in domestic violence cases.
This.

My daughter got legal aid because of DA. This was in Somerset and she wouldn't have received it without the abuse. I think the rules were changed a few years back.

knittingaddict · 23/07/2021 07:57

Thinking about it a bit more. My daughter got legal aid for the family court and legal help for the divorce.

Legal help is free and usually limited to help with filling in forms etc. I can't tell you how helpful it is normally because my daughter's legal help lawyer was amazing and she seemed to go above and beyond what they usually do. She got a good settlement out of it.

ememem84 · 23/07/2021 07:58

Yeah don’t be taking the kids to visit him. That’s just asking for trouble I’d she thinks there’s a chance he could take them.

PicaK · 23/07/2021 08:02

Off topic but she should be getting more than £830 pm - if one child gets dla and she's a carer. (411 standard, 520 for 2 kids, 402 disabled child, 163 carer's element and then any dla funding she gets.)
If they're separated (not financially together, intending to part) then she's entitled to all of this and up to 500 ish in wages before tax.
Make her double check.

SueGeneris · 23/07/2021 08:05

Agree with above - absolutely don’t take them if she thinks there’s an abduction risk. Even with a court order in place it can still happen and the law gets potentially very complicated when two different jurisdictions are involved - it will be expensive to get them back.
Reunite mentioned above will be good for advice.
I think Advocate is the pro Bono charity for legal work but it may be hard to find someone.
It does look like your friend needs some sort of formal arrangement in place, however.