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What are we each entitled to in our divorce settlement?

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Repayment

  • SilverFir
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01 Oct 12 #358801 by SilverFir
Topic started by SilverFir
Quick question.

I haven''t determined whether my STBX is claiming legal aid or not but, as his last correspondence mentioned a barrister and STBX is a mature student with no income, I am guessing that he probably is ...

The FMH is jointly owned and when it is sold, there will be some equity to be shared between us - anywhere from £10k to £25k each.

Am I right in thinking that he will have to repay his legal aid costs from this money? What is the method for recovery? If they put a charge on the house, how would this work given that it''s in joint names but the charge would only need to be upon his share?

  • TBagpuss
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02 Oct 12 #358869 by TBagpuss
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If you have court proceedings then if he is getting legal ad he / his solicitor should serve a notice of issue of leghal aid on you. You can ask whether he is legally aided.

Yes, Legal Aid (mostly) acts like a loan. He would repay this at the end of the case from any money or property he recovers or preserves. If the hosue is sold, then normally his share of the money would be sent to his solicitors and they would hold on to the amount needed to pay his legal aid bill. If he wants to use the money to buy a proeprty then he can apply for the legal aid to defer payment and take a charge over his property instead.

A charge can be over one party''s share in a property, and in that case it would be paid of from that person''s share on any sale, in a simialr way to when a mortgage is paid off

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02 Oct 12 #358983 by SilverFir
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Thanks for the response.

Should I indeed have had a Notice of issue of legal aid? Or is that a nicety that doesn''t always happen?

I guess knowing that he''s on legal aid won''t make much difference to the ongoing case ...

  • upbeat
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02 Oct 12 #358991 by upbeat
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Hmmm, thats interesting TBaggpuss, my x''s solicitors put a restriction order on the property for non payment of their services from amny years ago, if the Judge orders the x gets nothing then do the x''s solicitors have to remove the restriction order?

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