Joint ESA claim + help with divorce fees?

Mae85

So me and my partner are on a joint ESA claim. I’m income based (they are paying my stamp) and I think he’s contribution based ( no letters we have had had have actually told us what group he’s on Just that he’s in the support group) together we get £348 a fortnight.
He wants to divorce his wife, she’s not amicable in the slightest. What I want to know is can he get help with the fees for this because he’s on ESA? I know it says income based online etc but I don’t really know what one he’s on- but would he still be eligible been as I know I am income based?
It’s all so confusing and I really hope he is eligible as we don’t have any money or savings at all so we could really do with the help as his marriage needs ending ASAP!
Regards

epitome

For clarity

You have a claim to ESA in your name - Income based..How much do you recieve? And he is named as your partner on your ESA claim...correct...?
and
He has a claim to ESA in his name and he is contributory and in Support Group so he gets £219.30 a fortnight...correct?

And he want help with his legal fees to get divorced?

Have you asked his solicitor?

Mae85

I don’t get anything for my benefit but my claim has stayed open to pay my pension or whatever it is, he is claiming for the other of us as it worked out better money wise for us both as he gets the extra component thing. The joint money goes into his account every two weeks.

He doesn’t have a solicitor as we are poor lol.
We will be petitioning this divorce by ourselves as my sister did hers so she is going to help us but I just needed to know if he would be entitled to financial help?
I guess I will have to call JC Monday to clarify if he is in fact now IB or still CB ?

epitome

Ok for clarity again:

You have a claim to ESA in your name it pays you £0.00 and is therefore classed as an NI Credits only claim...

He has an Income Related ESA claim in his name with you named on it as his partner.....He gets paid £348 a fortnight (£174 a week)
P.S. It must be Income Related because it pays him more than £109 a week and because the amount paid is an Income related amount

114.85
36.55
22.85

£174.24 = £348.50

So your question is

My partner is on ESA Income related in Support Group can he get help with legal fees to get divorced?

Well he will need a solicitor to get divorced. So I suggest you ask your local solicitor if there is any help available....they will know.

Mae85

Thank you. I just needed to know as the letters he received have never actually stated this.

My sister didn’t have a solicitor she did it all by herself which you can do. We have the paperwork here ready to go but I just need to find out about help with the court fee thing as I have read online you can get help with the full court fee if you are on IB ESA

Thanks again

epitome

Sorry I can't help with the court fee...

But the court will probably want proof so tell him to phone ESA and ask for a Proof of Benefit letter to be sent to him...

teddysmum

My son had been long term separated from his wife and was on a low income, together with his partner. They had two children to support, CSA money to pay to the ex and he couldn't get any help, so is still married. He also had to pay legal fees to get his children away from a mother who wasn't caring for them, despite getting full benefits and CSA payment, too.

poppy12345

I know someone also on Income Related benefits, housing benefit etc. She couldn't get any help either.

Mae85

Well it’s worth a try. We are gonna go to CAB this week for more advice and go from there.
I’m just thinking positive lol

poppy12345

Mae85 wrote: »

Well it’s worth a try. We are gonna go to CAB this week for more advice and go from there.
I’m just thinking positive lol

Good luck with that, i have a feeling you'll need it.

WillowCat

If the above is correct (and I assume it is) that between you, you claim income related ESA top up to his contribution based then he will be able to get a full remission of his court fees (currently £550) for the divorce, provided you also have less than £3000 capital between you.

If he is the main claimant he will not need to get a proof of benefit letter as his NI number is on the claim form and the court will check directly with DWP.

I had to provide a proof of benefit letter for my own divorce as it is my partner who is the main claimant.

There is no absolute requirement for a solicitor to fill in the forms but they can be tricky so if you're not confident you may wish to get help.

Further information here: https://www.gov.uk/get-help-with-court-fees