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Legal Aid Divorces - Low Priority?

  • twinkle86
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12 Jan 11 #244829 by twinkle86
Topic started by twinkle86
Hi, just enquiring for my boyfriend. His divorce seems to be taking AGES to go through, he's basically waiting for his Decree Nisi to come through to tell him what date it will be announced in court.

Himself and his ex wife were both granted Legal Aid when the divorce started 7 months ago and basically we're just wondering if people who get legal aid get low priority by the court because they haven't paid a penny?
And people who DO pay get put to the top of the pile?

They may just have a backlog at the court, I don't know, but it just seems to be taking ages when it shouldn't, as they've both agreed on everything so it goes through smoothly.

Just wondering, any help would be great, thanks. :)

  • Ursa Major
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12 Jan 11 #244833 by Ursa Major
Reply from Ursa Major
One person petitions for divorce it goes to court
Court contacts other party who needs to sign forms "Acknowledgement od Service" and agree "Statement of Arrangement" for kids if any this goes back to court

Then court write to prtitioner who has to apply for divorce with reasons

This goes back to court. And waits, and gets misfiled, and goes to the Judges tray, and he has three weeks off ovewr Xmas, and a backlog builds because the naughty civil service elves have bank holidays in lieu of Xmas, Boxing and New Years Day.

Then Judge looks at papers and decides if Petitioner has legal grounds for divorce if yes a date will come through for the hearing of the Nisi, if not he will reject it civil service elves will put it in filing tray for typing then petitioner will get rejection letter in with "must try harder" across the bottom in red.

Is your boyfriend the petitioner or the respondent, and has he spoken to his ex about where they are with this.

Legal aid cases are not selected and put to the bottom of the pile, however for a straightforward divorce case with no kids and no assets I think legal aid is a disgraceful waste of tax payers money

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12 Jan 11 #244834 by twinkle86
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My boyfriend is named as the respondent, although truly it was his ex that cheated and walked out on their two children and left them with him on the doorstep, but it's usually the guilty party that files for divorce anyway, it happened to me too i got the blame when I was not guilty of anything....but anyway...

They've agreed on him to have the kids live with him, and they have made an agreement to pay her her share out of the house too after the divorce.

I agree it is a waste of tax payers money, but he got left with the kids and a mortgage and she has paid nothing, so he had to leave his job which is why he is temporarily on benefits and got it paid by legal aid. She however, has been on benefits her whole life.

But thanks for answering my question :) Guess its just the waiting game now...

  • Ursa Major
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12 Jan 11 #244836 by Ursa Major
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My partner slept on the sofa for 7 years before he finally left and started a relationship with me some months later (fast I know but the marriage had been over for years) and got the blame too. C'est la vie, all three of us know the truth and it's means to an end.

If he has had the Acknowledgement of Service he will have a court reference, he could phone them up and ask what is happening I did this twice and both times the next set of papers were with me within days.

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12 Jan 11 #244837 by twinkle86
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I shall ask him if he has that reference and see where it goes :)
Thanks for your help x

  • Juliet09
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11 Feb 11 #251240 by Juliet09
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Because I was on legal aid it took ages for the court to accept the paperwork because they kept wanting different forms of evidence of benefits. The papers were rejected 3 times. The third time I gave them exactly what they wanted agin they were rejected, this time I told my solicitor to appeal as I had provided exactly what they had asked for. Then the paperwork was accepted.
In total took from July until April to get the decree Nisi. Papers were eventually accepted in November.
Hope that helps to show we all seem to be in the same boat at some point or another.

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