Legal Aid question - I'm confused

BoBoDobie

Sorry, can't think how to phrase the question. I'm in the very early stages of divorcing my husband. I hope I am entitled to Legal Aid - I am self employed but the business is making a loss and I don't draw an income (and am winding the business down this year). The only 'income' I get at the moment are child tax credits and child benefit. I have been told I can apply for working tax credit.

Anyhow, my question is that I am applying for part time jobs. If I get one (which I will eventually I hope) will this stop me from qualifying for legal aid? I went to the court yesterday to fill out the form regards legal aid but they couldn't say either way if I was entitled or not. I think they will need the petition before they will make a judgement? Is that right?

So am I best off not being employed until I've been granted legal aid? If I then get a job (and it will only be a few hours a week minimum wage so nothing grand) will I then have to pay the solicitors fees back? I'm just a bit confused as to how legal aid actually works.

niklepic

If you put your details into this calculator it should tell you whether or not you will be financially eligible

http://www.legalservices.gov.uk/civil/guidance/eligibility_calculator.asp

BoBoDobie

Thank you I will check out the calculator. What if I do qualify, but then get a job. Will this change things?

BoBoDobie

The calculator won't work for me as I'm self employed.

Fiver29

Is there a reason you need legal aid? You can divorce without the need for solicitors.

Bossyboots

I believe the OP is in fact talking about the Ex160 form which is asking the court to waive the fee for filing the petition as the court has nothing to do with administering legal aid. It is correct that the assessment for that is done when the petition is presented and the form must be dated at the same time with the up to date income details completed. The relevant income is that from the preceding four weeks which is why they cannot make an assessment now and if you do obtain work, it is that and any other sources of income you will need to declare. The same procedure will be required if the fee for the decree absolute needs to be waived as well.

As far as legal aid goes this is assessed under the Legal Help scheme and is based on the preceding four weeks' income, proof of which is required at the time of signing the form. Unlike the higher levels, once this has been assessed, further income/capital increases are not required to be disclosed. However, the issue of the court fee exemption still exists as you would be expected to apply for this when submitting the petition. It is possible for your income to be assessed as low enough for legal aid but then subsequently too high for the court fee exemption.

If there is subsequently a financial settlement in the divorce proceedings, then yes the costs will have to be repaid to the legal aid fund who will have paid your solicitor.

BoBoDobie

Thanks BossyBoots that's brilliant and you've explained that a lot better to me than my solicitor did. Thank you.

paddedjohn

If there is property involved in the divorce then legal aid may put a charge on it to recover the costs in the future. My friend got divorced and was granted legal aid, she left the marital home and was given another property as her settlement and when the divorce was finalised a charge was placed on her new home (with nominal interest) to recover the legal aid costs.

BoBoDobie

Thank you. The solicitor did mention that legal aid could be recoverable if and when the divorce is finalised. I'll just have to cross that bridge when I come to it, at the moment its a bigger concern getting things started and sorted so I just hope I am eligible.

skintandscared_2

Legal aid is not "free money". It is recoverable when the claimant is in a position to repay it. Unless there are complicated issues (assets/properties/shares/etc) in the marriage, a divorce need not be expensive if both parties can be grown up about it an agree terms between themselves before involving solicitors. It will save them both a heap of fees and hassle.