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  • FIRST POST
    • Mae85
    • By Mae85 13th Jan 18, 5:02 PM
    • 51Posts
    • 1Thanks
    Mae85
    Joint ESA claim + help with divorce fees?
    • #1
    • 13th Jan 18, 5:02 PM
    Joint ESA claim + help with divorce fees? 13th Jan 18 at 5:02 PM
    So me and my partner are on a joint ESA claim. Iím income based (they are paying my stamp) and I think heís contribution based ( no letters we have had had have actually told us what group heís on Just that heís in the support group) together we get £348 a fortnight.
    He wants to divorce his wife, sheís not amicable in the slightest. What I want to know is can he get help with the fees for this because heís on ESA? I know it says income based online etc but I donít really know what one heís on- but would he still be eligible been as I know I am income based?
    Itís all so confusing and I really hope he is eligible as we donít have any money or savings at all so we could really do with the help as his marriage needs ending ASAP!
    Regards
Page 1
    • epitome
    • By epitome 13th Jan 18, 5:11 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    • #2
    • 13th Jan 18, 5:11 PM
    • #2
    • 13th Jan 18, 5:11 PM
    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
    • By Mae85 13th Jan 18, 5:21 PM
    • 51 Posts
    • 1 Thanks
    Mae85
    • #3
    • 13th Jan 18, 5:21 PM
    • #3
    • 13th Jan 18, 5:21 PM
    I don!!!8217;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!!!8217;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
    • By epitome 13th Jan 18, 5:50 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    • #4
    • 13th Jan 18, 5:50 PM
    • #4
    • 13th Jan 18, 5:50 PM
    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.
    Last edited by epitome; 13-01-2018 at 5:52 PM.
    • Mae85
    • By Mae85 13th Jan 18, 5:56 PM
    • 51 Posts
    • 1 Thanks
    Mae85
    • #5
    • 13th Jan 18, 5:56 PM
    • #5
    • 13th Jan 18, 5:56 PM
    Thank you. I just needed to know as the letters he received have never actually stated this.

    My sister didn!!!8217;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
    • By epitome 13th Jan 18, 6:10 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    • #6
    • 13th Jan 18, 6:10 PM
    • #6
    • 13th Jan 18, 6:10 PM
    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
    • By teddysmum 13th Jan 18, 6:51 PM
    • 9,044 Posts
    • 5,393 Thanks
    teddysmum
    • #7
    • 13th Jan 18, 6:51 PM
    • #7
    • 13th Jan 18, 6:51 PM
    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
    • By poppy12345 13th Jan 18, 6:56 PM
    • 2,820 Posts
    • 2,780 Thanks
    poppy12345
    • #8
    • 13th Jan 18, 6:56 PM
    • #8
    • 13th Jan 18, 6:56 PM
    I know someone also on Income Related benefits, housing benefit etc. She couldn't get any help either.
    • Mae85
    • By Mae85 13th Jan 18, 7:07 PM
    • 51 Posts
    • 1 Thanks
    Mae85
    • #9
    • 13th Jan 18, 7:07 PM
    • #9
    • 13th Jan 18, 7:07 PM
    Well it!!!8217;s worth a try. We are gonna go to CAB this week for more advice and go from there.
    I!!!8217;m just thinking positive lol
    • poppy12345
    • By poppy12345 13th Jan 18, 7:59 PM
    • 2,820 Posts
    • 2,780 Thanks
    poppy12345
    Well itís worth a try. We are gonna go to CAB this week for more advice and go from there.
    Iím just thinking positive lol
    Originally posted by Mae85
    Good luck with that, i have a feeling you'll need it.
    • WillowCat
    • By WillowCat 13th Jan 18, 9:54 PM
    • 808 Posts
    • 984 Thanks
    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
    • Alice Holt
    • By Alice Holt 13th Jan 18, 10:12 PM
    • 2,144 Posts
    • 2,502 Thanks
    Alice Holt
    Some more info here:
    https://www.citizensadvice.org.uk/family/ending-a-relationship/sorting-out-money-when-you-separate/help-with-legal-fees-when-you-separate/
    https://www.citizensadvice.org.uk/family/ending-a-relationship/sorting-out-money-when-you-separate/help-with-legal-fees-when-you-separate/
    • Mae85
    • By Mae85 14th Jan 18, 8:49 AM
    • 51 Posts
    • 1 Thanks
    Mae85
    Currently have 3p in the bank lol no savings whatsoever so hopefully he will be successful - thanks for your help!
    • Ames
    • By Ames 14th Jan 18, 2:13 PM
    • 17,292 Posts
    • 30,463 Thanks
    Ames
    I know someone also on Income Related benefits, housing benefit etc. She couldn't get any help either.
    Originally posted by poppy12345
    Good luck with that, i have a feeling you'll need it.
    Originally posted by poppy12345
    Are you talking about help with lawyer's fees? I think the OP just means the court fees, for which there is help for those on means tested benefits.
    Unless I say otherwise 'you' means the general you not you specifically.
    • poppy12345
    • By poppy12345 14th Jan 18, 3:15 PM
    • 2,820 Posts
    • 2,780 Thanks
    poppy12345
    Most likely it was as it wasn't me it was someone i know. It was alsso quite sometime ago so doesn't matter now anyway. Thanks for that though, i'll know if i get asked again.
    • Mae85
    • By Mae85 15th Jan 18, 6:04 PM
    • 51 Posts
    • 1 Thanks
    Mae85
    So do I have to fill out the EX160 form in before the actual divorce papers?
    That!!!8217;s the form you fill in to see if you can get help with finances on it?
    • jackieblack
    • By jackieblack 15th Jan 18, 6:14 PM
    • 7,783 Posts
    • 11,375 Thanks
    jackieblack
    https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
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    • Mae85
    • By Mae85 19th Mar 18, 6:48 AM
    • 51 Posts
    • 1 Thanks
    Mae85
    UPDATE- he was granted full remission for the court fees so the full £550 is waved!
    • JackJones456
    • By JackJones456 19th Mar 18, 3:12 PM
    • 31 Posts
    • 12 Thanks
    JackJones456
    How long has your partner been separated from his wife? I ask this as the wife can refuse to divorce her husband if they have not been apart for five years. If this is the case, you will have to wait until the five years has passed.

    The husband and wife can divorce amicably if both agree after a 2 year separation.

    Be careful as if the wife is not playing ball, depending on how long the couple have been apart, you may have to wait a little longer.
    • Mae85
    • By Mae85 19th Mar 18, 3:34 PM
    • 51 Posts
    • 1 Thanks
    Mae85
    It will be 3 years October. She will play ball cos they both agreed to a divorce providing they go halves on the fees- but thanks to my OH the court fees have been waved due to being on benefits so there is nothing to pay.
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