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Legal matters

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Legal advice re divorce

3 replies

Mary1935 · 16/01/2018 06:34

Hi all - I am going to start divorce proceedings on my abusive ex. There is a restraining order in place.
I want to do it as low cost as I can - I saw a solicitor but she was £246 an hour. I can't afford thousands. We joint own this house and I had another property pre marriage which was a council flat I bought in 2005 - we married in 2008.
This solicitor said I may get legal aid - but I have since read I would need to pay this back once the divorce was through?
I wondering how easy it is to do it yourself- I think I can complete the divorce papers myself - then I hope to complete the financial form myself - get it checked with a solicitor and submit this and let the judge decide the settlement? I have an 8 year old son - work part time - am 53 - I've asked for more hours at work but they haven't got any more.
I understand mediation is not recommended with an abusive ex?

OP posts:
Poshindevon · 16/01/2018 07:32

Mediation is voluntary and can go ahead even if there has been abuse. The mediator can arrange seperate waiting rooms or even see you seperatley.
This is cheaper and you maybe eligible for free mediation or as it is
Means tested. Courts prefer people to try mediation first. Court should be a last resort. Speak to a mediator before you assume anything
Victims of domestic violence are eligible for legal aid and you may not need to pay the money back. Only a solicitor can tell you this so ask ,do not rely on Google.
Wishing you all the best

Collaborate · 16/01/2018 07:33

You would only need to pay it back if you financially benefit from it - either by being awarded something more than you have got today or by resisting a claim against what you own today.

Legal aid rates are a fraction (20% or so) of what you'd pay a solicitor privately, so you'd be bonkers not to go for it. You'd struggle to get the same kind of service though. Legal Aid solicitors I know have hundreds of cases on the go at once, and can't provide the access that a non-legal aid solicitor can. Its an utterly thankless task, and hugely loss-making to solicitors and barristers involved.

Mary1935 · 16/01/2018 22:24

Thankyou both for your helpful comments. Best wishes

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