Editor's Blog1 min ago
Legal Aid in Divorce
I left my wife in January and am filing for divorce. I was the sole income earner in the familiy. I am paying my lawyer for his time. My wife is now claiming benefits and her lawyers fees are paid for as part of her benefits.
Is there a restriction on the amount of time the State will pay as it seems wrong that she can string things along at no cost to her while I have to pay every time my lawyer receives or sends a letter.
Also, I have been told that once the divorce is finalised and she is allocated some of the assets, her lawyers will claim back the fees from her assets and maintenence and inicome when she finally gets a job. Is this true?
Is there a restriction on the amount of time the State will pay as it seems wrong that she can string things along at no cost to her while I have to pay every time my lawyer receives or sends a letter.
Also, I have been told that once the divorce is finalised and she is allocated some of the assets, her lawyers will claim back the fees from her assets and maintenence and inicome when she finally gets a job. Is this true?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.The solicitor will advise your properly and will not 'string it out' unnecessarily.
Your wife is correct about repaying the monies.
"More commonly, the Legal Services recovers the money which it spends on a case from the property which is recovered by a successful legally aided client. This is particularly applicable in matrimonial cases. It is true that a certain amount (currently �3,000) is exempt and also that payment can, and very often is, deferred by the Legal Services placing a charge on the property, such as a house, but in those cases legal aid is not "free".
http://www.terry.co.uk/legaid.html
Your wife is correct about repaying the monies.
"More commonly, the Legal Services recovers the money which it spends on a case from the property which is recovered by a successful legally aided client. This is particularly applicable in matrimonial cases. It is true that a certain amount (currently �3,000) is exempt and also that payment can, and very often is, deferred by the Legal Services placing a charge on the property, such as a house, but in those cases legal aid is not "free".
http://www.terry.co.uk/legaid.html