A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Is Legal Aid available ?

  • Thomasjames
  • Thomasjames's Avatar Topic Author
  • Expert Boarder
  • Expert Boarder
More
1 year 9 months ago #505215 by Thomasjames
Is Legal Aid available ? was created by Thomasjames
Is legal aid available for financial settlement disputes?

If H & W have joint savings (in a joint account)

but, H moves all of it into her account (for safe keeping)

at what point in proceedings does court decide who funds belong to?

Please Log in or Create an account to join the conversation.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
1 year 9 months ago #505217 by hadenoughnow
Replied by hadenoughnow on topic Re:Is Legal Aid available ?
Legal aid is only available in very limited circumstances where dv has been involved.

The point of the court proceedings for finances is first to determine what is in the pot, second to establish needs and third to work out the best way to split the assets to meet those needs.

The question of the savings should be raised in the statement of issues for First Appointment. The judge may be able to give a view at that stage. You can ask for an order to state how the savings are to be treated if necessary. The schedule of assets should be agreed by the time you get to FDR. If it isn't, the judge can decide at that stage what is to be included. You can also seek undertakings/orders about not spending the money.

NB all assets go into the pot whether they are in sole or joint names. Some may be argued out later.

If you are LIP with limited funds, you may find some of our support services useful.

Hadenoughnow

Please Log in or Create an account to join the conversation.

  • .Sylvia
  • .Sylvia's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
1 year 9 months ago #505219 by .Sylvia
Replied by .Sylvia on topic Re:Is Legal Aid available ?
Worth pointing out that legal aid is available for pre-court mediation - nfm.org.uk/family-mediation/legal-aid

Please Log in or Create an account to join the conversation.

  • Thomasjames
  • Thomasjames's Avatar Topic Author
  • Expert Boarder
  • Expert Boarder
More
1 year 9 months ago #505220 by Thomasjames
Replied by Thomasjames on topic Re:Is Legal Aid available ?
Thank you but, is legal aid available for post-court mediation i.e after the judge at (first directions appointment) advised a PSO due to no capital assetts?

No capital assets are available because W did not tell truth about their financial position's

Please Log in or Create an account to join the conversation.

  • .Sylvia
  • .Sylvia's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
1 year 9 months ago #505221 by .Sylvia
Replied by .Sylvia on topic Re:Is Legal Aid available ?
If you read the link I posted, and Hadenough's reply about legal aid, you will see that legal aid is only available for court proceedings for those who have been a victim of dv and who meet the financial criteria.

It's very likely that you are not eligible for legal aid for court proceedings, any may need to consider self-representing. Call the Wikivorce helpline and ask about the support services.

Please Log in or Create an account to join the conversation.

  • Thomasjames
  • Thomasjames's Avatar Topic Author
  • Expert Boarder
  • Expert Boarder
More
1 year 9 months ago #505222 by Thomasjames
Replied by Thomasjames on topic Re:Is Legal Aid available ?
Thanks....

I was subject to threats of violence (but from older son) so, as only threats, I guess it does not count as DV.

The question i was trying to ask (in a round about way was.....can i self represent even after consent order sealed by court...

But i was not aware, they were all miss-guiding the court with non full disclosure

Please Log in or Create an account to join the conversation.

  • .Sylvia
  • .Sylvia's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
1 year 9 months ago #505223 by .Sylvia
Replied by .Sylvia on topic Re:Is Legal Aid available ?
I think the best starting point for you is to call the helpline on 01202805020.

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11