Legal aid for divorce

dithedancer

does anyone know how long it takes to be told that legal aid as been granted/refused for divorce. i thought i heard that it had been abolished when this last coalition took over. my partner applied in august for an amicable divorce and as not heard anything. he said that when he went to enquire at court he was told that works and pensions are holding things up
checking that he is eligable because the only money he gets is ESA. he's living at various mates houses at the moment. he's also trying everything he can to get back into work but finding it difficult.

Oldernotwiser

If it's an amicable divorce, why does he need legal advice? You don't need a solicitor for a simple divorce where parties agree.

mookiandco

Are you confusing legal aid with the court's fee exemption form? If you have a solicitor and you are entitled to legal aid, they dont need to apply for legal aid because its done under an automatic legal help scheme which covers you for everything in the divorce apart from if there was a court hearing which you were required to attend.

The family court doesnt deal with legal aid, but when you submit your divorce petition with a fee exemption form they do calculate whether you have to pay the fee or not. However, they generally dont contact anyone because the evidence (e.g letter confirming receipt of ESA) should be attached. If you do have a solicitor then ask them if not i'd clarify things again with the court.

Admittedly, it can take 8-10 weeks for a divorce petition to be issued depending on the court and their 'back-log'.

I do agree that a solicitor is uncescessary if everything is amicable but if you are having to ask questions then it is better to get legal advice rather than make a mess of things and pay for it later on when it all goes wrong. If you partner is on income based Employment and Support Allowance he will be automatically be entitled to legal advice and if not, then the likelihood is that even if its contribution based then unless he has capital he will also be entitled.

dithedancer

sorry, i got it wrong, it is the exemption fee he applied for and not legal aid. im still no wiser as to why it is taking so long if.

mookiandco

The department that issues the divorce petition is a different department than the one that deals with fees. So it has to go through both departments. Even if he is technically automatically entitled by virtue of the benefits he is receiving, the fees department has to look at the form and evidence and rubber stamp it. When they have done this then the department that issues the divorce petition will issue it. However, the departments dont work at the same rate and both have their own back logs so it can take some time for everything to be done.

dithedancer

well its now been 5 months since my boyfriend applied for exemption fees to be waivered and still not heard anything. does anyone know a number or department at DWP he can contact to find something out. ive looked at the site and cant find anything regarding who to contact on this matter.