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legal aid help/advice

  • escaped
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31 Aug 11 #285612 by escaped
Topic started by escaped
Hi

I am the respondent, divorced on the grounds of adultery with a named co-respondent (please don't take offence to the fact that i've been divorced for adultery - i have a very selfish and vindictive stbx who won't give up until he gets what he set out to do).

When stbx first issued the divorce petition I was on legal aid, I then moved in with my current partner and both our earnings were taken into account so legal aid was revoked. Moving on 2 years, my partner has been made redundant and we are on benefits - I work part time. Yesterday, Decree Nisi was pronounced in court.

To date, I have paid my solicitor £350 - he said this was all I needed to pay of the £610 bill, not sure why, I am hoping to find this out next week as solicitor on holiday.

My question is, will I now be able to go back on legal aid as our earnings are below the threshold, and assuming I will be liaible for the divorce costs, will they be covered by legal aid?

The financial side has yet to be started, will I get legal aid for this too?

At what stage do I have to pay back legal aid and is it the amount in full or a percentage?

sorry for all the questions

thanks
escaped

  • .Charles
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01 Sep 11 #285650 by .Charles
Reply from .Charles
If you obtain legal assistance for the divorce, your costs will be covered from the date that funding is provided. This means that you will still be liable for the costs that have already been incurred. You will still have to pay court fees unless you are exempt from paying these.

In relation to the finances ('ancillary relief' / 'financial remedy') if you obtain public funding for these, your costs will be covered by the Legal Services Commission.

However, if you make a recovery or preservation i.e. if you obtain a financial settlement, as a result of the publicly funded legal work, you will have to repay your legal fees up to and including the value of the financial settlement that you receive. A few examples below:

You settle at £20k, your costs are £10k - you pay all of your costs

You settle at £5k, your costs are £10k - you pay only £5k (leaving you with nothing)

You obtain no settlement, your costs are £10k - you pay nothing

If you receive legal advice and assistance (or legal help) to deal with your divorce, you will also have to repay these costs if you make a recovery in the financial proceedings.

Clear as mud really.

Charles

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