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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

legal aid

  • babygirl
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01 Aug 13 #402958 by babygirl
Topic started by babygirl
I work part time would I be able to get legal aid to take my employer to a tribunial

  • Forseti
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01 Aug 13 #402960 by Forseti
Reply from Forseti
The answer is probably not. Legal aid is now only available in certain limited types of case. You then have to prove eligibility and jump through various hoops.

You don''t give much detail but it sounds as if you need to talk to people who deal with employment law. I''d start with Citizens'' Advice.

The qualifying categories of case are:


• domestic violence and forced marriage proceedings;

• family mediation;

• international child abduction (to recover a child and for an application to obtain an emergency order to prevent international abduction);

• international family maintenance;

• for the victim in private family law cases involving domestic violence and for the protective party in private law children cases involving child abuse;

• public law children cases;

• representation of children in rule 16.2 (and 16.6) private law children cases;

• asylum;

• asylum support where accommodation is claimed;

• claims arising from allegations of abuse and sexual assault;

• community care;

• debt (where the client’s home is at immediate risk), including involuntary bankruptcy and orders for sale of the home;

• housing matters where the home is at immediate risk (excluding squatters), homelessness assistance, housing disrepair cases that pose a serious risk to life or health and anti-social behaviour cases in the County Court;

• immigration detention;

• appeals to the Special Immigration Appeals Commission;

• mental health, including mental capacity issues currently in scope;

• Special Educational Needs cases (currently in scope);

• public law cases (judicial review and other similar remedies) other than representative actions and certain immigration and asylum judicial reviews);

• registration and enforcement of judgments under European Union legislation;

• miscellaneous proceedings: confiscation proceedings, injunctions concerning gang related violence, Independent Safeguarding Authority Appeals (care standards), Legal Help at Inquests, proceedings under the Protection from Harassment Act 1997, and quasi criminal proceedings;

• discrimination cases that are currently within scope (claims relating to a contravention of the Equality Act 2010);

• environmental cases;

• European Union cross border cases;

• Appeals to the Court of Appeal and Supreme Court, and references to the European Court of Justice, (where the area of law to which the appeal relates remains in scope).

  • NoWhereToTurnl
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01 Aug 13 #402964 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi,

I read somewhere early this week that it had stopped for employment tribunals and that applicants have to pay an upfront fee, if they win, this is then refunded.

Its to help small businesses and cut down on false allegations.

I will try and find it for you,

NWTT.

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01 Aug 13 #402966 by NoWhereToTurnl
Reply from NoWhereToTurnl
Have a look at this, some forms of discrimination might still be successful in getting legal aid.

www.struckout.co.uk/tag/new-rules/

NWTT.

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01 Aug 13 #402986 by .Charles
Reply from .Charles
Some firms offer contingency fee agreements which or Damages Based Agreements where the lawyer takes a percentage of your damages if you win and nothing if you lose (although court fees and barrister''s fees will have to be paid up front).

In all likelihood you will have to pay a solicitor to assess whether you have a claim or not.

Charles

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