Legal aid - don't need to pay it back?

I approached a solicitor in early August to divorce my stbx for unreasonable behaviour. The solicitor has been excellent and done everything I've asked him to and always fine to see me etc etc. So at the time I earnt only a very small salary and qualified for 'legal help' as he called it.

I got more hours at work from september, I did tell my solicitor but he said it can stay as it is. My Petition has gone to the court and court fee has come out of my bank. Have seen my solicitor today, he is going to draw up a 'Clean Break Consent Order' to go in when the Nisi is received. My ex and I have agreed - he's signing the house over to me and keeping his pension, no other savings or investments to worry about. He's staying named on the mortgage for a 5 year period.

My solicitor said today I will not have to pay any of his costs, I'm just somewhat confused as I thought you had to pay legal aid back? I will be getting the house in my sole name but no money so to speak.

Just wondered if anyone could explain, I've felt a big weight lifted off my shoulder as have been putting money aside to pay costs, so just want to be 100% !

you have to pay back your legal fees if the statutory charge applies. the statutory charge can only apply if a public funding certificate is issued which does not appear to be the case in you situation.

the solicitors charge can take effect on a legal help but only on money not property. if you only have property from the matrimonial settlement then the solicitors charge cannot apply in which case you will not have to repay any fees.

it sounds as though your solicitor has acted very much in your best interests.

Charles

Thank you for the explanation Charles, very helpful. Yes I am very pleased with my solicitor, what a nice chap!

.Charles wrote:

you have to pay back your legal fees if the statutory charge applies. the statutory charge can only apply if a public funding certificate is issued which does not appear to be the case in you situation.

the solicitors charge can take effect on a legal help but only on money not property. if you only have property from the matrimonial settlement then the solicitors charge cannot apply in which case you will not have to repay any fees.

it sounds as though your solicitor has acted very much in your best interests.

Charles

I am suddenly in a desparate situation. Separated 12 years, 11.5 of which I have been 'represented' by a legal aid solicitor and got nowhere. The children who were 9/14 at the outset have grown and flown. CSA intervention after 10 years netted me the backlog, average huge sum of £27 per week.

The whole thing dragged on with OH making fresh claims on property every few months and in the end I ducked out until elder child was to finish UNI as I just couldn't take the unrelentless stress.

The solicitor wrote lots of ineffectual letters but we never got anywhere. There is a major structural issue now with marital property which has delayed any firm action another few years.

Heard a couple of months back with 2 days notice that solicitor was retiring and he would pass file to a n other. Heard from him today saying that no charges had been fee'd the entire time this has been going on. At the start I was on full legal aid and this was reviewed and still on legal aid. I know in the last couple of years now I have managed to save something (about to retire soon) that I wouldn't be eligible for legal aid, and was hoping to resume action on a paying basis once house is saleable after repair.

Now the bombshell that nothing has ever been fee'd. Nothing then has been claimed from Legal Aid? What is going on here - can anyone help me please? I have paid all costs on MH since separation and there has never been an agreement on any issue following separation.

What sort of dung heap am I in now?

just looking in on this before going to bed. it may not be as bad as it sounds. i will look in tomorrow and explain.

Charles

Thank you. I have had another sleepless night about this, worried that I will now get billed whereas had the fees been issued at the time, the SLAB would have paid.

Okay, the first this yo need to know is that each time a legal aid certificate is amended you should receive a copy. You need to dig out the last certificate and see if there is a costs limitation on it. Can you do that and come back here?

Charles