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Is there a difference?

  • perin123
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04 Sep 11 #286112 by perin123
Topic started by perin123
Have been reading threads on legal aid and still none the wiser! Is there a difference between legal aid and legal help?

  • .Charles
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04 Sep 11 #286144 by .Charles
Reply from .Charles
legal help is a form of legal aid - it is used for advice and assistance before embarking upon full blown proceedings.

If you are entitled to legal help, you would use this form of assistance to deal with divorce. If you then wanted to deal with financial or children issues where there are court proceedings you would need legal aid.

Charles

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04 Sep 11 #286156 by perin123
Reply from perin123
Thanks Charles
I am currently self repping as can't afford a solicitor. Ex getting legal assistance as he's packed in his job to go self employed. I am probably entitled to legal assistance as well but am trying to stay away as I understand it has to be paid back out of any financial settlement.
Husband and I divorcing and don't have much money or equity in house to fight over. We cannot communicate as OW is standing in the way so hence solicitor.
What is best to do?
Self rep and ask court to sort out finances as I am putting in claim for MPS or go on legal assistance and get a solicitor to do it?

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05 Sep 11 #286292 by .Charles
Reply from .Charles
If you do instruct a solicitor you will have to pay back the fees from any settlement but the hourly rate paid to the solicitor is a lot less than you would have to pay privately - typically beween one third and one half of the private rate.

You can only "ask court to sort out finances" if you go to final hearing. The court expects parties to negotiate prior to the final hearing and you will be at a disadvantage if you try to negotiate yourself without knowing what is or is not fair.

Personally, I would seek legal assistance but I guess it also depends how much is at stake, whether your husband is cohabiting with his new partner (or intends to do so in the future) and what your personal circumstances are.

Charles

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