Ancillary Relief - what to expect?

Thank you guys.
I haven''t formally accepted any parental responsibility, we simply lived under the same roof.

One more question.
My Ex definitely won''t be able to afford to pay thousands for a solicitor, can she get legal aid as she is on benefits?

I will be self representing at least for initial stages (FDA, FDR), what costs am I going to encounter?
Many Thanks for your input

My Ex definitely won''t be able to afford to pay thousands for a solicitor, can she get legal aid as she is on benefits?

Only the LSC can decide that, with no income it will depend on what assets your ex has, the criteria makes little sense to me, some get full aid and you think how? and others are refused and you think why?.

I will be self representing at least for initial stages (FDA, FDR), what costs am I going to encounter?

No costs if your LIP, unless a judge decides otherwise but that is rare.

Thanks,
One thing, She has inconme of about 12k per year, plus 6-7K in benefit.
Is there a place I could look up the criteria LSC uses?

It is worth reminding her and yourself that even if she gets legal aid then if their is a cash settlement she has to pay the aid back.

It is another reason in my view why those supported by solicitors in legal aid cases go for equity and staying in a house rather than an order for sale.

I know that might sound cynical but there you go it is about the system, so if you have cash which you use to fund your solcitor and she is only legal aid then what tends to happen is you loose cash and she does not.

I am of course more than a bit jaded with a very wowful system.

The statutory charge applies to property as well as cash.

It is possible for a settlement to be reached whereby the matrimonial home is sold and the proceeds of sale used to purchase a property for a publicly funded party and for the Legal Services Commission to register a legal charge on that new property. This has to be made clear in the order though and the solicitor can only release the monies to the conveyancing solicitor or the LSC.

Where there are children involved, it is common for the main carer to stay in the property with the children and for the current mortgage to continue. If the property has little equity, this may make sense as the costs of sale could eat up any equity and leave no deposit for a new property. Nobody is offering 100% mortgages at the moment therefore it makes sense to stay put.

Charles

Good point, i didn''t realise that legal aid is in a form of a loan. I have also just read that LSC will only grant legal aid if assets in consideration are over 10K, which is in our case is less than that. The main consern is having to pay maintainance to her and her child ("child of the family").
My STBX is not willing to cooperate and stated that she will do her Absolute best to cause me as much grief and financial hardship as possible.
But I bet if she sees that she can''t afford solicitor and won''t get legal aid (she can''t self rep as English is''t her first language), she will be more inclined to go for a concent order.

Does anyone have any tips about getting out of paying support for a step child?

You do not have to pay maintenence for a step daughter if you have not formally accepted parental responsibility which you have not.

Neither have you adopted her which would be formally accepting parental responsibility.


What ever you do DO NOT accept that you will pay maintenence, if she applies to the CSA just state that she is not your daughter and you have never assumed parent responsibility.

If it comes to it you will need to ask her to get a paternity test which will obviously come up negative.