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

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


How much is legal aid certificate worth?

  • redwine47
  • redwine47's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
23 May 12 #332406 by redwine47
Topic started by redwine47
I received certificate in December 2011, and understand I may have to pay statutory charge at the end of the AR. settlement.

I am getting worried that the case is dragging on and costs are mounting.(not my doing!!) I read another post it where it states max amount to pay is on certificate, the only amount on my cert is the contributions I''ve got to pay.

1. Is there a maximum charge?

2. How can I get an indication of costs to date and if worth while continuing case at all.

3. If I received the house in lieu of pension share will this max amount be taken from house?

It''s very confusing! Thanks in advance.

  • redwine47
  • redwine47's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
23 May 12 #332497 by redwine47
Reply from redwine47
Bump please?

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
23 May 12 #332520 by .Charles
Reply from .Charles
If you receive the house you and cannot repay your costs, the Statutory Charge is likely to be registered on the property. That charge accrues interest at 8% per annum.

The certificate should have a costs limitation which is usually in increments of £2500.00 + VAT. It may be that your solicitor is acting on a fixed fee regime in which case they will know how much will be incurred.

Your solicitor should inform you of your costs liability at 6 month intervals. If you have not had an update you should request one.

Charles

  • redwine47
  • redwine47's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
23 May 12 #332524 by redwine47
Reply from redwine47
Forgive me but what do you mean re certificate has cost limitation increments of. 2500 + vat. Does that mean If costs go beyond that amount I require a new or updated certificate?...... I''m sure the costs must be well beyond this amount!!

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
24 May 12 #332579 by dukey
Reply from dukey
When the cert is used the solicitor gets another its not a problem.

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
24 May 12 #332585 by .Charles
Reply from .Charles
Since I was involved with legal aid cases, fixed fees have been introduced in some proceedings.

However, if the old system remains in place for financial claims, a certificate is issued with a costs limitation. Usually this would be £2500 + VAT.

When the limit is exhausted or work is envisaged that will exceed the limit, the solicitor applies to the Legal Services Commission to extend the limit. Usually, the next step would be £5000 + VAT and the next £7500 + VAT i.e. increments of £2500 + VAT.

If your financially limitation was exhausted and the LSC refused to extend it you would soon here about it from the LSC and your solicitor. If your solicitor continues to act you can rest assured that funding remains in place.

You can check what your current maximum liability is by examining the last legal aid certificate you received - you receive a copy each time this is amended.

Charles

  • redwine47
  • redwine47's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
24 May 12 #332776 by redwine47
Reply from redwine47
Thanks for your reply.

I. Met with solicitor today.... They didn''t '' know what fees are to date! Said wld know at end of case.! They had no idea what I wld have to Pay re stat change. Just that it cld be charged against house if I get. But not money received ??? Doesnt make sense as I thought if rcvd cash etc it wld be deducted from this first?

Would it be appropriate to contact lsc re this?

I have barrister (who is gd) not sure about solicitor..... As I am going through full court proceedings I''m worried I''m going to get a shock:



:S

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11