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I don't understand legal aid :)

  • xxxxhelpxxxx
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21 Jul 11 #279351 by xxxxhelpxxxx
Topic started by xxxxhelpxxxx
Hello,

I am thinking of (and almost certainly will be) divorcing my husband on the grounds of adultery.

I am a student. I have just finished a 2 year college course and am going to uni in Sept to do a nursing degree. I currently have no income apart from child tax credits and child benefit.

How does legal aid work? I have just paid out £102 for a consultation with a family solicitor. Would legal aid cover divorce proceedings, court fees, etc.

Help :)

Thank you

  • WhiteRose
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22 Jul 11 #279374 by WhiteRose
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Hiya,

You'll need to apply for Legal Aid and obtain a certificate. Certain sols will do Legal Aid work, so you'll need to chat to your sol about this.

See the attached link type in 'Court Fees' in 'Form/Leaflet Title' and download the following forms/leaflets:

EX50 - Court Fees
EX160A - Court Fees - Do I have to pay them?
EX160C - Extended Table of Contributions.

hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

Adultery is a difficult one to prove and only really successful when the other party agrees to admit this. Its wise to ensure your stbx will admit to it before continuing with the Petition.

Another consideration may be UB (Unreasonable Behaviour) where one of the Facts/statements could be 'having an inappropriate relationship with a member of the opposite sex.'

WR

  • .Charles
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22 Jul 11 #279447 by .Charles
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It is worth noting that legal aid has to be paid back from any matrimonial assets received as a result of the work funded by the legal aid.

It is still worthwhile obtaining legal aid though as the rates are between a one third and one half of the fees you would be expected to pay on the high street.

Charles

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