Legal Aid for a Divorce

[DioneTheDiabolist]

I applied for Legal Aid to get a divorce on the grounds of 2years separation + consent. I am on Incap. Receive CTT and CB, yet, after waiting nearly a year, my disposable income has been calculated at £6448 and I have been told I need to pay £1030 for the divorce. I am a student and course costs are escalating as I go through year 2 into year 3.

I called them and was told that if I go ahead I have 1 year to pay it off and it will cost £85per month. I can't afford that! I asked for a review and they said that I could either pay this or drop it.

Is this true? I don't know how I can afford this, but I have come through so much and fought so hard to get this far.

Add up the following:

Incap ben
CTC
CB

Deduct your rent (but don't allow what you get back in HB), and £250.16 for every child you get HB for.

If that comes to £6448 you'll get legal help to get the divorce and you won't contribute anything. If you want to take money or child issues to court you'll have to pay £62.50 a month until the case ends.

The consultaion period ends noon today on government proposals to stop legal aid for divorce. Unless people resopond against it, it will come in. Go to www.justice.gov.uk/consultations/legal-aid-reform-151110.htm to respond.

To be honest, if you're petitioning on 2 years separation you don't need a solicitor for the divorce anyway. Filling in the petition form and statement of arrangements fro children is pretty straightforward and the court will give you an explanatory leaflet if you ask.

You should also ask for an exemption of fees form, otherwise it'll cost you £340 to lodge the petition and £45 for the decree absolute.

You will need a solicitor if there are any financial issues to resolve, ie property, pensions, spousal maintenance.

If you get stuck, I'm happy to help, as will several other family lawyers on here.