So the big questions is – How will changes in Legal Aid in April effect you? ……..Right let me give you the low down as I understand it:
Starting from April 1st 2013, the services covered by legal aid will be reduced significantly across the board and legal aid funding will be stopped for the most frequent family legal disputes.
Currently legal aid covers all aspects of family law:
- Divorce
- Children (contact)
- Residence disputes
- Financial matters
- Care proceedings
- Disputes between unmarried couples
However after April 1st 2013, the LASPO Act will limit the availability of funding to the above cases.
As such, only people in the criteria below will be able to receive legal aid:
• Public family law regarding protection of children (care proceedings)
• Private family law with evidence of child abuse
• Child abduction
• Domestic violence injunction cases
• Forced marriage protection orders
I have to say this has all really got my goat!
In the past I have used several legal proceedings, contact issues, residency and financial matters 11 years ago when the breakdown of my relationship to Beth’s dad occurred.
I have also used legal aid for my divorce around 7 years ago when my marriage broke down and I have to say if I had to of fund these legal actions while trying to maintain a home and the costs of my daughter all while earning not much above national minimum wage I really couldn’t of done it.
At these particularly emotional and stressful times in someones life adding to the fact that you may have to fund them entirely on your own may detrimentally effect peoples mental state… Who knows maybe people will stay trapped in a marriage/relationship that they cant get out of due to the fact they have no help, how will this effect them and their children?
I am not sitting here saying the all proceedings should be funded, when taking a previous employer through the treacherous route of employment tribunal I funded this entirely at great financial cost.
Having trained in a legal office as a legal Secretary I can see how some cases cost a stupid amount of money and time as maybe the client will not listen to advice and will continue to pursue something that they have no real hopes of getting but do it to prove a point or to be awkward. This can often be caused by the emotions of the moment at such a raw emotional time, however why is it allowed?
Now cards on the table I have seen both sides of the use of legal aid system. When Ollie and I got together he was in the process of divorcing his ex-wife. The top and bottom of that saga was his ex-wife decided to leave work and go on benefits in order to get legal aid and then for almost 2 years avoided signing divorce proceedings on the grounds of her adultery.
Also for nearly 3 years she continued to live in the former matrimonial after breaking in while it was on the open market and changing the locks. She then stopped paying the debts on the property and claimed poverty when actually she had in-excess of 21k go in her bank from her mother within a 12 month period, however she still claimed legal aid and ultimately ran up tens of thousands of pounds in mortgage payments and debt to the mortgage company when the house ended up being taken back. Half of which Ollie then owed even after doing everything legally to rectify the issue.
This whole nightmare meant we funded just under £4,000 worth of legal costs over a 2-3 duration while she ran through every conceivable (and some not so) options in order to not have to leave the house or get divorced and legal aid funded some of this!
Surely there must be a fairer way of allocating help?….. maybe a reduction in the fees that some law firms charge would be helpful?…… or even solicitors not allowing clients to pursue action that would never have a chance of being successful?…. but that’s just my opinion
Where do you stand?
Reference:
BBC News Q&A Legal Aid Changes
Disclaimer: I am not a qualified lawyer and this post was created entirely from my own opinions and experiences as well as reading articles like the ones listed above.
This is not good,if my Husband and I decided to Divorce I would need to rely on legal aid. I work part time for a pittance and have no savings.I know my parents would help as much as they can but that is not the point.
In response to Ollies ex wife’s actions (ex wives *shudders*) the system is wrong,and how do people keep getting away with things like that?!
There are a lot of weird changes going on right now,Universal Credit-what is that all about?
Anyway I digress, popping over to spread some #PoCoLo 🙂 x
Bless ya honey, i totally agree!! there will be no help for anything at this rate! will be over to see you shortly 🙂
Good grief what a disgraceful thing to do! I agree, there should be a system of some sort in place to assess those am who need assistance and weed out those who really don’t. Sadly as with many of these things I’m not sure how it could be run to make it truly fair. I feel the same about tax credits, child benefit and income support. A sticky issue!
Great post though!
Kate x
Just Pirouette and Carry On…
I feel the the same with tax credits, child benefit and income support .. i feel that maybe another post! 🙂
I think help should be available to those who need it but unfortunately I know a lot of firms who stopped offering it because they just weren’t making money from their ‘Family Law’ Department (I used to work in a Solicitors too!). Everyone should be entitled to legal help – there must be a way around it.
I totally agree, there should be a way of ensuring that ppl dont take the mick! it would save a fortune!
I suffered majorly at the hands of the legal aid system. I wanted to take my ex to court to get supervised contact for Grace. Basically I disagreed with my solicitor, sought a second opinion who agreed with me so I changed solicitors and the first one reported me to the legal aid board. They took it away. I had to act for myself against Manches (acted in Madonnas divorce!!). It made me ill. This system is so unfair. A really important post. Thank you for linking to PoCoLo lovely xx
Its always my pleasure to link with ‘PoCoLo 🙂
The system needs to work for the right ppl!
An interesting and thought-provoking read. Thank you. Legal Aid will need to be renamed to Legal Paid x #PoCoLo
Thanks Emma, i think your right on with Legal Paid!! its the way its all going! 🙁
Funding legal services without help is expensive. When I got divorced I worked and therefore had to pay. However after paying my rent and Samuels childcare I was skint so my parents helped by paying half the 1k bill.
Then a couple of years ago my husband needed to use a solicitor to try to sort contact out with his son. He was working so again no legal aid, however we had to stop the process because we ran out of money. Every letter, every phone call was charged at ridiculous amounts. My husbands ex wife just ignored letters, I think she knew by doing that eventually we would run out of money.
My husband hasnt seen his son for a year.
The whole system is so expensive, many working people will not be able to afford legal help.
I don’t have any answers, but totally understand your post.
Xx
aww honey thats terrible! i think your right his Ex probably did mess about in the hopes you would run out of money. I do know someone who maybe able to help with child issues, worked for 25 yrs for a highly respected law firm here and has set up on her own with the option to do everything a a fraction of the cost and via email! .. if your interested i will send you her info xx
Like most things in this country at the minute everything is driven by money and dare I say solicitors are no exception. I know a few who hate taking on legal aid clients. Again like a lot of our services there is a huge lack of consistency in the law
I totally agree Nichola, its blooming mad!!
It does sound unfair.
I agree and i am sure there must be a more feasible way of doing it for all. Thanks for popping by x
Sounds very unfair, my ex husband completely played the system when it came to maintenance (ie he didn’t pay any) and knew just how to get away with it, whilst genuine cases are suffering. All down to costs like everything,
awww honey thats awful! there are too many out there playing the system! that what ought to be stopped!
I don’t know a great deal about the legal aid system other than what I’ve seen from families I’ve worked with, but I do know how expensive the system is, and it’s appalling. We had to deal with some minor legals issue when my Nana died, a few years ago, and I had to sign some forms, from the solictor acting on behalf of her estate, and send some documents off to do with some money she left me, and it cost me £300 just to sign two forms they sent me, send them a document to check and send back!! Bonkers!! How someone going through a divorce, child custody issues etc can afford to pay for things is beyond me, but then, frankly, the whole system is in ruins from benefits to the NHS, and what money is spent where and what is given to people, so it doesn’t surprise me at all.
Its mad isn’t it!! I think your right the whole system want overhauling!
This is a really important post Jaime. Thank you for writing it and sharing your experiences. It does sound totally unfair, and there must be some way that people who take advantage of the system lose the privilege whilst people who really need it can still have access to Legal Aid.
Hi Cathy, I think that’s what needs to change, those that take advantage of the system need to be weeded out!
But then how, that’s the big question!
It’s shocking that they’re reducing legal aid support for divorce cases.
I totally agree! its bad isn’t it!
A really interesting read and this info is going to help me at work! Thanks for summarising so clearly. I am really surprised they are stopping it for divorce cases, where will that leave people? Seems unfair to me!xx
I know there has to be a better way of doing things surely? I did some research and I think what have said is correct but please make sure you check if your using it for work! x
i am really shocked at all these changes they seem to be bringing in, it’s not fair on the people that really need it xx
That’s why I am so angry Wendy it’s ludicrous ! X
Hi I feel I must share this. I was in a violent relationship for six years and finally got the strength and support to leave. My ex then applied to court for contact with the children in 2009. I was a student nurse at the time and was not granted legal aid as they told me they take my childcare allowance from the uni into account as income but would not deduct my childcare costs. Why, because the childcare costs were not because I was working. My argument was that they should not include it as income then. I then continued to pay solicitor fees to the tune of £18, 000 and my parents have had to sell their house to help fund this. After I qualified as a nurse I was still not entitled to legal aid as I earnt £21, 000 a year but after full time childcare costs for two children and rent etc, it did not leave anywhere near the amount I needed to pay my solicitor bills. What really grates is that I know my ex was doing this simply to hurt me as when he was offered supervised contact and then indirect contact he refussed. He was granted legal aid right from the start as he does not work and thus in effect the tax I paid was funding his solicitor and I then also had to pay my own. Furthermore my ex repeatedly did not turn up for court orders such as risk assessment s and so on but yet carried on receiving leagal aid. I have only heard recently that he is not pursuing contact and I can only assume that this is because his legal aid has been stopped, thank god, because I believe that he would have continued using the legal system to further abuse me all the time legal aid were funding it. There appears to be many problems with the family legal system. Right at the begining of my case I produced reports from police, social services and from his probation officer which presumably my ex did not share with his solicitor. I agree with the earlier comment that solicitors should also take more responsibility when a client clearky has no chance of getting what they want. Sorry this is long but I feel its important to share my story in order to bring more awareness to this issue.
Oh Sarah what a nightmare! the whole system in my opinion has been geared for solicitors to earn maximum amount regardless of the situation! my heart goes out to you. I am so so sorry you have had to go through this entire nightmare, although its not on this post i too went through domestic violence and I was left feeling abused by the legal system too! I am sending massive hugs to you xx
My ex I split 3 1/2 years ago but have still not divorced. He jacked his job in so he didn’t have to pay maintenance and as I am working it frightened, and still does, the hell out of me as I know he would do all he can to run up costs. Yes I’m working but I haven’t got thousands of pounds to spend fighting him.
Luckily we haven’t seen him for 3 years and now he can’t get legal aid to start proceedings I feel a little happier and he hasn’t tried for contact.
I think divorces should be a set fee and if you don’t follow the rules there are consequences. You shouldn’t have to worry about how much divorce will cost when all you want to do is get on with your life. A marriage breakdown is enough stress without stresses of divorce both emotional and financial to contend with
awww candace i feel for you it really is in my opinion a ridiculous change!!
Thanks so much for taking the time to comment and too share. Can you apply on your own through the court for divorce now you have been separated for over 2 years?
Myself snd my ex partner have shared residency of our younger children. The two of them spend half the week with me. This includes the weekend. I have two older children from a previous relationship. The eldest has been in a spot of bother and got involved with a bad crowd and tried drugs resulting in being hospitilised. She’s getting back on track and will be going to sixth form soon. Now my ex is using the situation to gsin full custody of the younger two children. He is on benefits. Will he be able to obtain legal aid?
Hi There, what a really really awful situation! Although i am not a trained solicitor and not in receipt of all his details i would hate to hazard a guess. My best advice to you would be to seek an appointment with the CAB as they really will be able to support you further.
I have found an online calculator that you maybe able to use to answer you question
https://www.gov.uk/legal-aid/eligibility
Although its easy for someone on the outside to say please try not to panic, courts will not make rash decisions over children and if you are reasonable and work with courts I am sure you can sort this.
I do wish you all the luck in the world. x
I have been tryin to redue the time my ex gets with my 10 year old daughter because of the wishes of my daughter being so unhappy and coming home upset but I have just had my legal aid stopped whle her mother who is un employed is sitting at home for no good reason but laziness and is getting legal aid, I think the system needs to be assessed by someone who can see who is not abusing the system and being a burden on the system.
I totally agree with you that the system should be fairer and look at those that are abusing it and basing their decisions on that. I do hope you manage to sort things for your Daughter
I split up with me ex 5 years ago an I took her to court to see my son as she stopped me seeing him. over me going out an leaving my son in care of his granddad she told me I could have a couple of hours a week. I then told her I wouldn’t give her any money because she had reduced my days with my son from Thursday to sunday to a couple of hours on a Friday (I pay c.s.a) have done since we split up. she then told me I wouldn’t see him then so I told her I will take her to court ans that’s exactly what I did I went throu legal aid as im on benefits my self I have a learning an behaveral difficulties and mental health problems but am no danger to anyone an I get easly aggravated at things I don’t fully understand I and my ex picked at my disability an won hands dwn I had to do everything while she sat and pointed what pickie little thing about my disability an I was sent to see a peranting course counceler and 2 sessions of spyciatrists and drug tests for every thin. I passed everything with flying coulers except my spycriatric report witch she nore me can do anything about as its a mental problem. now that I get to see my son I feel the need to take her bk to court as for I cant get informnation about my rights as a father. because she feels the need to put her newly husband as the father of my child. my son calls her husband dad witch she had been told to change .that never happened. an she trying to get my sons passport done in her husbands name but I wont sign over she tried to get me to sign sumthing she had wrote an told me it was from court asking weather if we was happy a year on with our decition after court so I signed it. an then she told me It was to give up my sons mane to her partners I was livid I hadn’t a jar glue wat was going on. she also told me ive got no rights as a father because I took her to court an now my son told me the other day he gets smacked on his hand by him if he is naughty. that not his place to touch my son its my place to come up with a punishment but u dnt smack a child exspecialy if its nat your child. BUT I FORGOT IVE GOT NO RIGHTS AS HIS DAD. I tried to get legal aid again but I cant get it as it was stopped I then wrote to the house of commens to try an get it over turned as it wouldn’t just help me but for thousands of other perants. I received a letter from the h.o.c stating that they have had 14 cases already and lost every 1 but are still going to try a push this matter further. now as a father I feel restricted to what I do with my son I need help and their isn’t any I cant pay as ive no income really its hard ive no job to pay an no one works for free so im DOOOOOOMED! I want to say JUSTICE SYSTEM IS SCREWED FOR MUMS ONLY. DADS YOU HAVNT GOT A LEG TO STAND ON. WOMEN MAKE THE RULES MEN OBAY THEM. that’s the way it feels as I took my ex to court but it was me doing all the monkeying around an my ex called the shots SORRY .NO JUSTICE FOR FATHERS.
Hi Robbie, I am so sorry you are going through such a horrific time with your ex and i genuinely believe that all parents regardless of sex should have access to their children.
I am not qualified to give advice as per the disclaimer at the bottom of the post however you don’t mention that you have visited CAB at all?
My only advice I can give is to get in touch with them and check all your options.
I do hope this is resolved for you soon and you can regain contact with your son.
Hi, quick question. My ex is a self employed builder. Would he get legal aid to take me to court for access to our son? He does get him every Sunday, lets just say its a long story and access originally was sorted out throw solicitors april this year, and he got legal aid for that. (So did i being a full time mum)I really have no idea how he got legal aid tho, being that he’s just been on a £1000 holiday in June this year. The whole situation is affecting my son being at his dads and his dad wants him even more and I don’t feel my son is ready for that yet. He’s 18months old and comes home very upset every Sunday always covered in war wounds. My ex ain’t the best of dads, he split up with me after 3years cause he wanted to on holiday to Ibiza this year (June) so basically he’s nt getting him anymore than he is at the moment he will go back to his solstior etc but I won’t be giving in to him. Will he get legal aid to tke me to court?and if he didn’t get it, any ideas how much it would cost him from his own money?
Hi There,
I am so sorry your going through this nightmare, Unfortunately As stated in the disclaimer at the bottom of the post I am not legally qualified to give you some advice. Although if you look in the comments above you should find a link so you can work out his eligibility should you have his details. Regarding cost if he had to pay each solicitor is completely independent regarding charges so it could be anyone’s guess although most charge per hour, so obviously the more hours they have to put in the more it costs.
My only piece of advice would be to contact your local CAB and get an appointment with them as they are far more aware of the options you will have.
I do hope you get things sorted soon.