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Legal aid - the lack of it

  • Bulawayo
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22 Jun 09 #125631 by Bulawayo
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Hi I would like the criteria used for determinig who gets legal aid to be changed.

I am asset rich but cash poor and therefore dont qualify and I find this higly unfair.

I sarted the legal proceedings when I was on maternity leave so I was only recieving my statutory maternity pay of £400 per month.

I think the situation should be viewd as well - weomen fleeing domestic violence often dont do so as they dont have the money to pay for legal fees to divorce. I think the circumstances shold be taken into consideration.

  • fluffy76
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22 Jun 09 #125641 by fluffy76
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I agree entirely. I had to leave my home for 2 months because of DV and threats to kill. Initially, I got Legal Aid but this was retracted as soon as I started earning 5k per ANNUM....and I have 2 children to support!!!!!!!!!!! Legal Aid has given me many sleepless nights and yet my stbx got it for all his criminal cases when he had a take home pay of 60k! It's a bizarre system. xx

  • moodybird
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22 Jun 09 #125678 by moodybird
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For some reason, I had always thought legal aid was based on income not assets. Since I appear to be completely wrong on this, could anyone say if the following sounds dodgy?

I know of someone who has received legal aid for family mediation. Her income is at least £1200/month child maintenance (although I would imagine that's ignored?) plus rental income, but I believe she also has somewhere between £250k and £400k of capital in the form of investments and a mortgage-free property.

It always did sound a bit outrageous that someone so well off could get state help whereas others far more in need seem to struggle to get any assistance but I assumed that was just the way the system works...

  • Bulawayo
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22 Jun 09 #125695 by Bulawayo
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I totally agree with you both! I know its so weired I'm not sure where I stand as I've jsut resigned from my job as I cant cope as a single mother with 2 small kids and a full time demanding job!!!

Maybe I should try it now! It probebly wont work out.

is there a legal aid calculator on wiki?

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22 Jun 09 #125713 by Bulawayo
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Fluffy sounds like you went through a tough time - I'm so sorry x

Moodybird there are so many things I just cant get my head around! It never makes sense hey!

it sounds so fimilair as I think a lot of domestic violence occours when the children are young and as a result most families or weomen dont have money. its really sad as I'm sure weomen are trapped in marriages becasue of the lack of legal aid to help them get out of these situations. I know many weomen who are financilly dependant on their husbans and cant divorce and have to stay in an abusive marriage.

i just tried the questionnaire and it said no to legal aid! too much capital

its awful - some one change the law.

  • Angel557
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22 Jun 09 #125731 by Angel557
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You don't need to stay in an abusive relationship , there are many groups out there that will help you .

www.womensaid.org.uk/

  • fluffy76
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22 Jun 09 #125738 by fluffy76
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Bulawayo, maybe it's still worth making an application as the calculator said no to me too but I got it first time round, before I started work.

Angel is right, Women's Aid are fab for emotion support but I found it really hard living in the refuge, having to share with other people and had to lock myself and the children in the bedroom every night, but anything was better than being with him and now he's running out of control, he's decided to try and get the home repossessed! Never mind, he'll never be able to touch me again and you can't put a price on that. x

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