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Can she get Legal Aid

  • donkler
  • donkler's Avatar Posted by
  • Elite Member
  • Elite Member
10 May 12 #329670 by donkler
Topic started by donkler

We are trying to agree on all things financial.

Simple question :-

Can she get legal aid earning c£22k
as im pondering weather or not to start court proceedings.

If so will she have to pay them back if she fleeces a certain amount out of me?

Thank you

  • .Charles
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  • Platinum Member
10 May 12 #329713 by .Charles
Reply from .Charles
It''s not that simple a question I''m afraid. A means assessment in order to assess eligibility for public funding and this takes into account ongoing liabilities rather than just the amount of income.

In relation to how much she ''fleeces'' out of you - you probably need to consider the matrimonial assets as ''joint'' matrimonial assets. There are arguments to support an unequal division of assets and this depends upon numerous factors such as the length of marriage, each party''s earnings, where children are to reside (if applicable), contributions to the matrimonial finances etc.

If you begin by working out how much you each need from the finances rather than how much your wife will go away for, this will stand you in good stead.

As a general rule, if a party recovers or preserves money or assets with the assistance of public funding, they will have to repay their costs although this is likely to be taken into account in the settlement.


  • donkler
  • donkler's Avatar Posted by
  • Elite Member
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10 May 12 #329717 by donkler
Reply from donkler
Thanks Charles

Pretty straight forward

Married 3 years this month, divorce proceesdings started last July.

She earns c£22k no financial commitments

I have taken on the matrimonial debts, and she wants £10k lump sum for a quick get away (this weekend) or will linger
Debts currently stand at £6600 probably not take intou account as I owe this my father.

No Children

I earn £30500 plus a car allowance of £6k

No savings between us

I have an endowment policy current surrender value £14250

We have a £141k mortgage which I will take on (if the bank allows) and she can start again in a one bedroom flat similar to which she left to move into a brand new house together.

Shes stating our luxurious lifestyle she paid for while we were together etc, but iognoring the fact that I paid all bills etc...so pretty much equal input whilst "happily" married.

I should also state she signed a declaration of trust (giving me my £60k deposit back if we split up) allthough not water tight, it hols some weight, and I sold my old house in order to put the deposit down on our MH

Thank you

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