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Legal Aid Experts - I need some advice

  • chris1519
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08 Aug 12 #348038 by chris1519
Topic started by chris1519
Hi
My stbx has up to now tried all sorts of things to delay both divorce/financial settlement since Sept 09 - I am Respondant and I have applied for financial settlement in court after trying mediation and through my own failed requests to him to agree settlement. I also pushed through Decree Nisi. STBX asked me to pay costs - I refused - had to attend court - stbx provided info on morning of court that they had legal aid therefore was no longer asking for costs.... wasted effort and time.
We have court first hearing end of this week.Stbx did not respond to date for exchange of form E''s until lst week (3 weeks late). I have provided all docs - stbx has not provided full disclosure. Questionnire has been raised by my solicitor. Not heard anything from stbx''s.
My sol has been informed that stbx sols are still represtenting stbx under legal help scheme, but say they cant represent stbx in court,and have not yet secured public funding to allow a rep for stbx in court. My sol has queried how stbx is getting legal aid as stbx is now working ( first time in over 3 years)and form E docs recently shows a very large amount of money (thousands) into stbx account in May, of which nearly all has been spent in 2 months. How can stbx still be eligble for legal aid? Will the DJ do anything about this if we get to court this week with no answer from stbx''s solicitor. Please help

  • dukey
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08 Aug 12 #348058 by dukey
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Your ex has legal help which is not the same as a full funding cert required to be represented in court, your ex may not even qualify that for now is an unknown.

The fact is many are dishonest and don`t tell the full story to the LSC, some are caught out some reported, the decision always remains with the LSC, right know its the very beginning so keep calm and carry on as they say.

  • u6c00
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08 Aug 12 #348081 by u6c00
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Hi, If he was on an income-based benefit (ESA, income based JSA, Income Support etc.) then he will not have been means tested, he will pass the means test automatically.

If he starts work he is obliged to tell the LSC, and they will then means test him. He may still be entitled to legal aid but will have to make a contribution to it himself. If he earns enough he will not be entitled to legal aid at all.

It is difficult to say about the money in his account. My ex stopped paying the rent and I had to move out of my house. I borrowed a significant amount of money from my parents to pay the new deposit and first month rent in advance. If the LSC had seen it in my account I would have had some questions to answer, but the money was a loan and was only in my account for a day or two.

The legal help scheme is also run by the LSC. A solicitor who is helping under this scheme can write letters and give legal advice but this won''t stretch to representation in court. The money is likely to be small amounts (around £500) and if he is refused legal aid he may have to pay it back. In my case I am helped by a solicitor under this scheme who is aware of my financial difficulties and is prepared to write off her costs if legal aid isn''t granted.

Hope that information helps you to understand the situation. Obviously when you''re the other party all you can do is speculate.

Best wishes

  • chris1519
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08 Aug 12 #348091 by chris1519
Reply from chris1519
Thank you for you support and advice.

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