divorce,legal aid and statutary charge

My ex is on legal advice and assistance under the legal aid scheme. He has claimed costs off me in divorce petition and his solicitor has said it is usual for the Petitioner to claim the statutory charge from respondent in divorce. How much will this be? I presume costs will be court fees and this charge?

I have been trying to understand more about this statutory charge. It seems to say that this is payable out of any settlement in divorce finances. But my husbands solicitor is saying it is payable for the actual divorce Petition..

"It is correct that ........qualifies for free legal advice and assistance under the legal help scheme. The statutory charge may, however, apply and in such circumstances it is not unusual for the Petitioning party to make an application for costs. Any claim would only be enforced in the event that the statutory charge applied."

I am totally confused as I thought the actual divorce and finances were a separate thing??

Any advice please as I have to defend his claim for costs.

The divorce and the Ancillary Relief proceedings are treated separately as far as costs go.

It is common for a Petitioner to claim costs from the respondent on a Petition based upon unreasonable behaviour or adultery or 50% costs on a 2 years separation Petition.

When a person is publicly funded for divorce proceedings, under legal advice and assistance, they will have to pay back those costs in the event that they receive public funding for ancillary relief proceedings - provided that the Statutory Charge applies.

So, when the Statutory Charge applies, the costs incurred in divorce proceedings also have to be repaid.

As the government is not in the business of subsidising divorces for respondents, a solicitor conducting a divorce for a publicly funded petition is duty-bound to recover costs for the public purse if a costs order is appropriate.

The costs will be limited to the court fees and solicitors fees in relation to the divorc only. The costs of other proceedings are dealt with separately.

Charles

Have I got this right?
Ex has sol and legal aid.
If his sol deals with his divorce it's legal assistance and he pays her nothing? He is claiming divorce costs from me.
If his sol deals with Ancillary Relief does he still pay nothing? Is it only if court is involved that he then has the statutory charge?

Charles wrote..
""When a person is publicly funded for divorce proceedings, under legal advice and assistance, they will have to pay back those costs in the event that they receive public funding for ancillary relief proceedings - provided that the Statutory Charge applies.""

I am still confused when you say PROVIDED the stat charge applies?

So if this charge applies he will claim divorce costs from me and then have to pay his sol from any settlement??

When would the charge NOT apply?

Sorry for all questions but I am just trying to get my head round all this. I'm struggling to self rep and he has a sol doesn't seem fair if he gets it all for free...

From your point of view it doesn't matter if the Statutory Charge applies or not - the solicitor will seek that you pay costs otherwise the monies will come out of the public purse which is contrary to public policy.

The Statutory Charge applies when an assisted person obtains a benefit from public funding. The benefit can occur even if proceedings were not issued.

The Statutory Charge also attaches to legal advice and assistance incurred prior to public funding being granted unless there is an other source of funds from which to pay these costs i.e. the respondent to the diorce Petition.

Charles

Thanks Charles. Your explanation is thorough and I'm still confused! His sol said they would only seek costs from me IF the stat charge was applied.
From what I understood about legal aid if you got money from a divorce settlement you had to pay your legal fees out of that?
Am I right that the divorce process and finance process are seen as two completely separate issues? I know I may have to pay divorce costs but please tell me not all his sol bill for everything else..

The divorce process and the financial process are seen as different processes. However, the scope for the Statutory Charge to apply is rather wide and can even cover costs incurred under legal aid certificates for non-financial issues.

You will only be required to pay the divorce costs and not those costs associated with the finances or anything else unless another costs order is made which is unlikely.

Charles