Legal Aid due to DV, anyone done this?

[PyongyangKipperbang]

4 years ago my marriage ended when my STBXH was removed due to DV. This wasnt the first time it had happened.

I could have divorced straight away but I was severely traumatised and also working v long hours so I decided to wait for 2 years and divorce due to seperation. Then Covid happened and I couldnt get an appointment and franky it wasnt a priority as I had just been made redundant due to CV19. Things are settled again, so I am now finally looking at divorce. He is no threat and I think is actually quite happy that I am going ahead with it (he wouldnt want to pay for a divorce....).

I am waiting for a reply from a couple of local places that accept legal aid but I wondered if anyone knows what sort of evidence I would need and how I go about getting it?

I know that the solicitor will tell me but I am a worrier by nature and this is playing on my mind so any personal experience anyone could share would be really helpful.

Thanks :)

Do you have any assets/financial matters to sort out?

Not really. I co- own my house with my first husband (we still co-own until it is paid off in the same month that DS turns 18 and I pay him his share of equity). STBXH could claim a share of that but I know he wont because a) he wont/cant pay legal fees to do it but mainly b) he co-owns a house with his sister that I could claim on and it would have to be sold. His family would go INSANE if his sister was made homeless so I am 100% certain that he wont risk that. He has been at great pains to make a point of telling me that he doesnt want anything from the house.

He wont get legal advice, he will simply sign the paperwork.

Who removed him?

The police

@PyongyangKipperbang did he receive a caution? Were any other agencies involved?

This might give you something to go from:

www.gov.uk/government/collections/sample-letters-to-get-evidence-of-domestic-violence#letters-to-send-to-the-police

I’d had dealings with WA so had that evidence. I had to return an obscene amount of paperwork to the legal aid board - who then went ahead and lost half of it…

applying for legal aid was so hideously stressful I’m not sure I’d do it again - although I had a particularly complicated set-up and am in Scotland where if you have children yo can’t just divorce - he has to agree to the children stuff. 🙄

nonetheless I’m now divorced although it was nearly 6 years post separation to completion of papers.

If you can be amicable about dividing your assets then your legal fees could be minimal, and not worth the hassle of trying to claim legal aid. Once solicitors get involved, is when things often start to get unnecessarily argumentative (and expensive).

If you're on a low income, you might be able to get the court fees discounted as well.

Thanks for the information. I am on a very low income so I am sure that I would qualify for a reduction in court fees so that is very helpful to know, alongside knowing that the paperwork required for LA is laborious to say the least!

I will have my appointment and see what they say but it may be that I will take the easiest route of claiming reduced fees if it means less running around and trying to get paperwork together.

Thanks again

I am a family lawyer. You can't get legal aid for divorce and financial matters at all now, just for children matters and DV injunctions - also if social services involved - if eligible.

When did this come in?

Social services where involved bt 4 years ago. So a woman who is a victim of DV cant get legal aid to divorce her abuser?

That is utterly appalling.

This is also my understanding…..part of my job role is childrens safeguarding

You can in Scotland , England and Wales are probably different.

www.gov.uk/get-help-with-court-fees

According to this, you can get LA for some aspects of your divorce proceedings where DV is evidenced.
www.moneyhelper.org.uk/en/getting-help-and-advice/divorce-and-separation-advice/legal-aid-and-other-help-if-you-cant-afford-divorce-or-separation-fees

I had legal aid for my divorce very recently and it wasn't difficult at all.

My friend's violent ex was removed by police and WA supported her in obtaining a non mol but she didn't qualify for legal aid. She co owned a house with her ex and worked. They have a child.

You don't need legal representation to get divorced, just fill in the form and send it off.

I know I dont need it but to be perfectly honest I am on a very low income and cant afford the court fees to "just send it off", however thanks to the information above I may well qualify for reduced fees so I am now looking into that.

You should qualify for a reduction in the £593 application fee. I work full time on UK average salary and I do so if you are on a v low income you surely will

Thats great to know, thank you @Noclosure . What sort of reduction did you get? I work but low hours and NMW so get UC top up. Just about making ends meet so £600 for court fees is just not possible until I get another job.

I think it was about £200 off so you may get a full reduction. You can get the ball rolling on the online divorce application whilst putting your fee reduction application in a the same time. Think it takes about 3 weeks to come back