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What are we each entitled to in our divorce settlement?

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Legal Aid

  • Paula3065
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05 Jul 12 #341413 by Paula3065
Topic started by Paula3065
Any help would be great.

I filed my Divorce Feb 11, I went to a Legal Aid Solicitor as I am entitled due to low income.
My Husband moved to the Caribbean 3 years ago, I have just received his form E but due to him not disclosing he has built 2 apartments there but on his bank statements he has a mortgage coming out every month for them my Solicitor advised me due to not enough to go on I will get public funding refused. I am now facing the prospect of representing myself in court early part of sept for the 1st auxiliary hearing as my solicitor wants £750 + vat to attend of which I dont have. I am very worried as due to my husband not disclosing this I am being punished. My solicitor also wants £185 + vat if I want to see him before I am due in court which is a joke, I told him if I could afford you I would not have come to you under legal aid, he now wont even reply to my emails as he said i am not paying him, I have phoned other solicitors but they wont touch it as a solicitor has started it.

  • sim5355
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06 Jul 12 #341437 by sim5355
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hi!i don''t know the legal stuff like some but i would not think you would be refused for not having enough to go on.You would be refused if you earn to much and and believe me you don''t have to earn much.

  • Paula3065
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06 Jul 12 #341447 by Paula3065
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Many Thanks, I spoke to the LSC yesterday and they said it is unfortunate that due to my husband not disclosing on his form E that was why I was refused.
They go on fact even though someone could be trying to hide assets.

I am a part time single mother who simply cannot afford a solicitor and feel it wrong that i have to attend court by myself.

  • dukey
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06 Jul 12 #341456 by dukey
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Very little happens at the first appointment so don`t worry about taking a solicitor, most hearings are listed for 30 minutes and often you will hardly have to say anything, if you stick around and do some reading you will be able to handle this yourself, many do these days, people just don`t have the money for lawyers and as you have found legal aid is being squeezed to the point of death.

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06 Jul 12 #341486 by Paula3065
Reply from Paula3065
Many thanks I appreciate your comment as it has made me feel easier about going to the 1st hearing alone.

Court is very daunting if you have never had to deal with them before.

My solicitor told me legal Aid will prob be abolished next year.

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06 Jul 12 #341501 by dukey
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There are moves afoot to abolish legal aid for most family proceedings, when it will actually happen who knows.

  • Fiona
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06 Jul 12 #341506 by Fiona
Reply from Fiona
The changes in the law reforming Legal Aid and making it unavailable in most family cases are to be implemented April 2013.

www.legalservices.gov.uk/civil/legal_aid_reform.asp

Seem to remember reading somewhere applications under the current scheme need to be with the LSC in February.

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