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Legal matters

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Legal Aid

4 replies

lottie63 · 16/02/2013 06:37

Does anyone know what s happening with the legal aid position for divorce? I read on another thread that it will stop in around 8 weeks. If I book an appt before then with a solicitor, will this ensure I can be considered for legal aid if I decide to pursue with a divorce or does legal age just stop completely, regardless.

My marriage is 'on the rocks'. At the minute, I have little hope it will last. I work for half the year, drawing NI based benefit for the other half but no other benefits as dh salary is reasonable.

OP posts:
Tubegirl · 16/02/2013 06:52

Legal aid is assessed on your income only, so you don't need to worry about your husband's income for these purposes. Your capital however will be assessed. I.e if you jointly own your home, your half of the value will be considered subject to various disregards. It will be the Legal Help scheme that you sign up to, which the solicitor will assess you for the first time you see them. I wasn't aware that scheme was being scrapped for divorces but I have to admit I'm out of the loop at the moment, it's been two years since I worked in the family department. If you phone your local firm with a public funding franchise they will be able to tell you.

Collaborate · 16/02/2013 09:30

It's getting very late for you. There are 2 forms of legal aid. One will get you a divorce, but you have to jump through more hoops (negotiation, mediation) before you'll get a legal aid certificate to take things like money and children disputes to court. If you go to a solicitor say mid-march then you can forget being in time to get a certificate unless you need emergency funding before then.
You can still get LA after 1 April if there was DV in the relationship.

Clients seeing me for the first time this week may not be in time to get a certificate. By the middle of march none of them will stand a chance.

betterthanever · 16/02/2013 10:45

I didn't think the home you lived in was taken into account? is that true?

Collaborate · 16/02/2013 11:32

First £100k of your share if the equity is disregarded, as is the first £100k of the subject matter of the dispute.

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