interracial divorce with kids & solicitors

nonon

I'm going through divorce and has been using a solicitor who accepts legal aid. Our fist meeting started in 2003, when we first arrived in UK. My ex already had an extramarital affair since 2002 but we were living in another country and as I came there on spouse visa, I was advised that I didn't have a legal venue in that country until I live for 2 years. Come 2 years, my ex lost his job and we came to UK (where he's from).

When I arrived, my solicitor advised to get a property asap so I had something in my name as my ex isn't open about our finances. It took a while to get a house, then my solicitor advised me to wait until he gets a job. Two years on, he got a job and got fired in 3 weeks. I have PI report on his affair so I have enough ground for divorce even without the 2 years separation that we also have by now.

He had a big capital and has been providing £500 per month while jobless. I work part-time, when he takes the children on the weekends; so I don't have to pay childcare. There is no mortgage on the tennants in common house (small but enough for me & the children; 6 & 3 yo). He told me that he would want to take a loan on the house in future. I have no pension plan as I am still thinking of leaving UK with the children but still confused whether this is the best thing to do or not. Kids have their dad here but he's not exactly a good role model (alcohol problem, etc) and if he's gone, we have nobody. He doesn't agree in letting us go, so he said he won't agree on divorce but wants a financial agreement. He's now got a new girlfriend who's only 26 so I also think there's the possibility that she would want a child from him one day.

I have been hoping to take the children home for a visit (my eldest was there when he was 5 months old, my daughter never been yet). I left my home country 8 years ago. Many things changed in those years, including my sister & brothers leaving the country too and my mom moved from my home city (where the schools are a lot better). So no direct family there either. As confused as I have been, whether it actually would or not, I hope that the trip with the kids would help me decide whether to leave or stay. I come from a country where age and gender discrimination in the job market is still legal so I'm unsure about things. I will also have to pay for children's education & healthcare etc. If I go back home, I won't be able to afford solicitor's fee to pursue maintenance from my ex; CSA won't help either. I have 4000 pounds in my savings. I was thinking of taking them during term break (oct) but i don't know whether it's better for me to save the money to pay solicitor fees, or use the money and then apply for legal aid.

I believe I will have to pay solicitors fee whether on legal aid or not anyway. I have been reading through the legal aid leaflets and I suppose if I do go for divorce & moving back home, the board or solicitors will get the money from the property. I am trying to preserve the most asset possible and might just go for divorce, hopefully get the house, then go for the child arrangement. Maybe this way won't work, as I suppose the child arrangement is in part of the settlement.

The last time I spoke to my solicitor, she said she's been putting me on legal aid since 2003 but she only gave me legal aid application form recently. She did mention that her fees would become 60/h iso 140/h when it's with legal aid. I have never seen her bills yet. In the application, she wrote that the amount would cost between 250-1000 but she also mentioned that if I'm not on legal aid, I can expect a bill of £600 every couple of months so I don't quite understand how the difference can be so high. My solicitor said that if I'm on legal aid, there's the possibility that my ex would have to pay some of my fees so hopefully he'll spend less on his solicitor's fees.

Do solicitors play on their fees; I'm thinking that whether or not I'm on legal aid, could she be getting the same amount anyway once the property is sold? Because if this is the case, I might as well use the money to pay another solicitor, or stay with the same solicitor but not on legal aid.

I suppose many of us have financial worries and I hope I can get some ideas from your different knowledge & experiences. Sorry if my english is a bit of a mess, many thanks and regards!

Bossyboots

I can answer your legal aid questions.

Solicitors are paid a rate substantially lower when they undertake legal aid work than if they do private work. This is one of the reasons the bottom is going to fall out of the legal aid system, possibly very soon, because the rates paid are not keeping pace with the increased costs of office overheads. When you are granted legal aid for matters relating to finance, whether a divorce settlement or because you are being sued on a civil matter for example the fees are by way of a loan and to enable you to secure legal assistance. Your fees then have to be paid from any property/money you gain or keep. If you need to use all the money from a property to buy another property, or you are retaining a property until a future date, the Legal Services Commission with put a charge on the property enabling them to recover the fees with interest when the property is eventually sold. In the meantime, they will pay your solicitor's fees. The fees will have to be assessed either by the Court or the LSC as to their reasonableness. If you are going to have to pay the fees back, you have the right to see their bill and object to anything on it you do not agree with.

There are a few different areas of legal aid which would cover the work you are talking about so without knowing exactly which form you signed I do not know which scheme she is currently using. However, for initial advice and the divorce, she is probably using the Legal Help Scheme for which she is only allowed to do a certain amount of work. I expect you have now exceeded the limit on that scheme.

If you receive full legal aid for the finance work, any costs paid for by legal aid for your divorce are also recoverable against your settlement. Likewise if you have a public funding certificate for finances AND children, all the work done in relation to the child issues will also have to be paid back. The clear advantage to you in having legal aid is the considerably reduced hourly rate utilised for the work.