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Changes to Legal aid for divorce cases - when?

5 replies

changeforthebetter · 19/02/2011 11:37

Posted in LP but no one responding (know I am being impatient but am worying about this when I should be doing job applications)
Does anyone know when this is happening?

Agreed with my solicitor I would pay a sum of £500 upfront which I did then a monthly payment of £100 to cover future costs. However, I have just found out I am losing my job at the end of march I am already looking for other work but lots of applicants for few jobs. I am hoping to be successful(recent employment and one of senior managers has promised a good reference) but have to prepare for the worst which is having to go on income support. Under current regulations that would make me eligible for legal aid but I dont know how long that will last for(ironically, I was only just over the eligibility threshold when employed). I have no savings (used them to pay for fripperies like food while X drank his income ) so no idea how to fund the divorce otherwise.

We are going to use mediation for the financial stuff and the arrangements for the DCs have been in place for a year and work OK so unless his solicitor is looking to make some money, I am hoping it can be sorted out quickly

OP posts:
Resolution · 19/02/2011 15:33

Consultation ended 14 Feb. No announcement made yet about final decision.

changeforthebetter · 19/02/2011 15:53

Thanks (again [smile) Resolution. So changes are unlikely to affect my LA application on 1 April (assuming I have to apply for IS) but I see that any LA costs have to be repaid out of the financial settlement anyway - hopefully in installments. So actually, I won't be costing the state much, a bit of interest - unless the installments include interest - in which case it is a loan anyway.

OP posts:
Resolution · 19/02/2011 18:22

It's called the statutory charge. You have to repay your LA costs out of whatever you get that you didn't have to start with, or whatever you kept that was put in dispute. If it is needed for your home you can give the LSC a charge on the home and pay it off when you sell it, but you'll pay 8% interest. You could also pay it off monthly. If you have any part of your settlement that you don't use for your home you must repay your costs with it.

changeforthebetter · 24/02/2011 16:39

Confused Solicitor told me that Level 1 Legal Aid (if things are resolved quickly via mediation) is not repayable. She is new to my case since Christmas (not been doing much as we are waiting for pension info to take to mediation before taking it forward).

OP posts:
Resolution · 24/02/2011 17:02

I think that's right.

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