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Legal aid for financial proceedings to defend case

  • akshaygupta1975
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3 years 4 months ago #489323 by akshaygupta1975
I am separated from my wife from last one year. The divorce is in progress. Decree Nisi has not been pronounced yet.

I have asked my wife through her solicitors for a clean break as we have no joint assets. But she didn't agree to it and is asking for a lot of money on no grounds.

I know from her solicitors that she doesn't have legal aid for financial proceedings.

I want to put an end to the financial proceedings by a consent order but she is not agreeing to it.

I do not want to leave it open as i am worried that she might come back in future asking for money. So I am thinking of starting the financial proceedings myself.

As she doesn't have legal aid and also she doesn't have a lot of money to pay for financial proceedings (as i believe), she might agree for a consent order as soon as i start the financial proceedings.

But my question is, would she be able to get legal aid based on the fact that i have started financial proceedings against her?

I mean, can she again apply to the legal aid agency asking for legal aid saying that i have started financial proceedings against her and she does not have any money to defend her case. What would happen in that case? Are there any chances that legal aid agency would grant her the legal aid to defend her case?

Please could you advise.

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  • .Charles
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3 years 4 months ago #489327 by .Charles
No, there is no chance of her receiving legal aid unless there are allegations of domestic violence.

Even if there are such allegations, the LAA won't fund a case unless there was merit in it e.g. there was a case to fight.

Putting that view aside, if she did obtain legal aid by some miracle and your assets are as you describe, the solicitor would advise her that she has no cause of action. If she disagreed the solicitor would report this to the LAA and her funding would be pulled.

Charles

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