legal aid and pension

Can anyone clarify for me, if I just take
STBX pension and nothing else in divorce,
does the legal aid charge apply...its complicated because STBX took money out of
pension while on an adjourment as he said
he was not ready to file form E (he also
sold his properties in france too) he has
never done an adequate disclosure and the
only assets i can identify are the pillaged
pension and business properties that he
jointly owns with another, question is
if I just take the pension instead of a lump
sum, does the legal aid charge still apply,
as in recovered money and property as it will
be impossible for me to get him to sell the
properties because he only half owns some and
some are in limited company
Thanks Patty B

bump

If this guy has already taken money from the pension and is part owner of property and a company don`t sell yourself short, if you have a legal aid solicitor let them deal with this, it sounds complicated yes but that is why you have a solicitor.

Legal aid is to be payed back, if you don`t receive property or a cash lump sum it is collected monthly with interest of 8% year, if the legal aid bill is very small and the settlement equally small there are occasions when the LCS don`t bother to collect the money.

No, the Statutory Charge cannot attach to a pension or to maintenance - only to assets, lump sum payments and property.

Charles

I think the lady is asking if she will have to pay the money back Charles, people get confused by the system and especially the statutory charge and that includes me.

You only have to pay back your legal fees if the Statutory Charge applies. The Statutory Charge can only apply to money or assets, not to maintenance or pension orders.

However, if an assisted person makes contributions towards their legal fees, these are not refundable even if the Statutory Charge does not take effect. If the Charge does take effect, any contributions made will reduce the amount to be repaid under the Statutory Charge.

Charles