Legal Aid and Pensions

Hi,

I am currently going through a divorce. I have been given legal aid (he hasn't) - we have no real assets except my husbands pension. I recently was told by a friend that if you are on legal aid they can recoup the costs through any award that you are given, if I am awarded any of his pension will this be the case and how much am I likely to lose of it?

Thanks

S

OK - in 2002 David Salter wrote in his pension sharing bible that the LSC - legal aid folk- had ruled that for pension sharing or attachment there would be no "statutory charge" - ie no clawing back legal aid cash - APART FROM where the order was a lump sum order payable under pension attachment.
Best ask LSC if this is still the case?
With confirmation in writing.

dated 2002

www.legalservices.gov.uk/docs/archive/Focus_39.pdf
Page 11
"2. Where one of the parties to
ancillary relief proceedings has applied
for an order attaching or ‘earmarking’
their spouse’s pension, or for a
pension-sharing order, the statutory
charge position has given rise to a
number of queries. Leading Counsel
has now advised the Commission that,
subject to one significant exemption
set out below (paragraph 3),
exemptions will generally cover any
property affected by the court’s
decision to make, or decline to make, a
pension attachment or sharing order.
This is because either it involves
periodical payments, or concerns
property that cannot be assigned or
charged because of a provision under
statute. See Regulation 94(c) and (g)
Civil Legal Aid (General) Regulations
1989, and Regulations 44 (1)(a) and
(h) Community Legal Service
(Financial) Regulations 2000.
3. The exception is where the court
has awarded an attached or
‘earmarked’ lump sum. Counsel’s view
is that the charge will attach to a lump
sum recovered in these circumstances
just as it does to any other lump sum
payment in Ancillary Relief proceedings,
even though the money may come
from a pension fund and is payable at
some future date......."
Again to be certain of current rules check with LSC.