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Divorce for LP who aren't poor enough..

8 replies

Toastiewoastie · 15/01/2011 23:40

to qualify for Legan Aid.

X left me when DS was 2, 5 years ago now. We married in a european country where we lived at that time. He is a non-european national, soon to get european citizenship. I want to get a divorce but have been told I do not qualify for legal aid as I get WTC even though my total income with tax credits (including childcare element) is less than £16k pa.

In light of the news about legal aid being restricted even further, doeas anyone know how I can get a divorce? Can it be done without involving solicitors, and will the fact that I married abroad to a foreigner complicate matters further?

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Toastiewoastie · 15/01/2011 23:40

Legal Aid, not Legan.. jeez!!!

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bubbleOseven · 16/01/2011 00:27

who told you that you don't qualify for legal aid?

mumsanutter · 16/01/2011 12:58

Sorry I don't know about getting married in another country, I hope that it should be the same as here - check with CAB.
I didn't use solicitors at all through my divorce. I filled the required forms in online and printed them off and took them to my local county court. The whole thing has cost about £400, no contest from xh as he readily admitted his adultery.

veritythebrave · 16/01/2011 13:05

This reply has been deleted

Message withdrawn at poster's request.

Toastiewoastie · 17/01/2011 21:07

In reply to BubbleOseven; A colleague friend of mine who earns the same as me and is in the same situation re; lone parent relying on Working Tax Credits to supplement income. She wasn't entitled to Legal Aid because she claims WTC.

I struggle each and every month just with the basics, we don't go away on holiday, etc and can't see how I could possibly pay court fees, let alone a solicitor.

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DCSsunhill · 17/01/2011 21:14

I've just qualified for legal aid. I claim WTC. I earn £7000 pa plus CTC and WTC.

StellaBrillante · 17/01/2011 21:43

Toastiewoastie - you should be entitled to discount with court fees. I didn't qualify for legal aid and had to do it all myself but I clearly remember that I didn't have to pay the full fees. It's worth looking into that, the family courts will give you a good indication of whether you are entitled and I believe there's a lot of information available online. Unless there is serious dispute, I can't see the point of a solicitor. Having said that, be careful with what you put down in the form (if you decide to do it yourself)! I was so desperate to get ex to sign the papers that I purposely chose not to be too specific about payment of nursery / school fees. Good luck!

Toastiewoastie · 17/01/2011 22:10

XH never has paid a penny since the day he left anyway, he lives abroad so is outside the CSAs reach, so I'm not too bothered about maintainance.

I just want him to sign any papers and be finally rid of him.

Thanks for the advice. I will look more into it.

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