So let me get this right, legal aid is not quite what it says on the tin? If you gain money as a result of the split you have to pay it back?
I am representing self but wife is seeing lawyer and he has toled her she is entitled to legal aid and she has paid £91 up front all the rest will be paid for by legal aid (or so he told her).
Capital assets from the split will be about £120k each. (though you may have seen by other posts from me that I have offered her 75% and lawyer has advised her against accepting this, which I think is duff advice (and methinks silly for me to offer now) but hey, I am no lawyer). So will she have to pay her lawyer (or legal aid people) anything over and above the £91 when it is all sorted? Or might I be liable for that?
The cost of legal assistance is met from public funds through the Scottish Legal Aid Board. However, for civil legal assistance, it may be free or the applicant may have to pay a contribution towards the cost of their case. Also they might have to pay from money or property that they win or keep as a result of their case
The wording 'might have to pay' is a bit ambiguous, in England and Wales legal aid or as it is now know Community Legal Service is subject to a clawback what is known as the statutory charge
What this means is that should you receive funds or property in settlement of any claims then you will have to pay the 'Legal Aid' back, this can be deferred if for example the only assets are tied up in your home, in such a case the 'Legal Aid Board' will levy a charge over your home for future clawback
I came accross that website after I had posted and took the liberty of calling their helpline today as well. It does seem the words 'may' or 'might' are ambiguous, however, the advice I was given is that most in cases clawback will apply.
I also went for financial advice today as well (for mortgage) and hoped that a number of endowments and other small savings plans policies we have which will be maturing over the next 5 to 15 years could be used toward that when they do. Of course I have provided full financial disclosure to wifes lawyer. However, the financial guy said that the lawyer will more than like insist that we surrrender them early so as that they can be divided 50:50 and will take out a court order if I refuse to do so. No wone of these plans is currently worth about £10k (surrender value and at a loss to what we have put in) and if we stay the full term til 2017 it will be worth at least £30k. Now for the sake of 7 years why would we do that. Wife is led by the lawyer and will take whatever advice he gives as he know more about me in such things!!
Wife also says she will have me removed from the house too as she cannot stand me being around any more and lawyer said he will do that for her is she wants but will need to apply for a court order. So we live in a house with 6 bedrooms, 2 3 lounges, 3 bathrooms and 2 kitchens. There is also 17 & year old kids here still. No history or threats of violence. So she claims mental torture/cruelty as I am still here. Our paths cross for about 10 mins in the morning and occasionally in the evening and weekend. I have told her no chance of me being removed, just mor money for the lawyer, yes via legal aid, but she will pay in the end. And she takes advice from a lawyer who has stated 75% of the proceeds are not acceptable (in wifes favour) and 50:50 is what he expects.
Sorry, just noticed I am rambling as stressed somewhat by it all (as no doubt many of you other folk out there are).