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Last Monday, after posting about the new definition of domestic violence and how broad it is, I bumped into an experience family law solicitor who told me that in practice it is becoming very difficult to get Legal Aid regardless of the broadness of the new definition. I’d be interested to hear from anyone else
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Broadly, Legal Aid was abolished on 1 April for divorce and family matters. However, a spouse or partner who can prove domestic violence can still get Legal Aid – not just to deal with any allegations of domestic violence, but for every aspect of their divorce / dispute. There’s a new definition of ‘domestic violence’
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As from 1 April 2013, Legal Aid is no longer available for divorce cases or ‘private’ cases involving children (residence, contact, etc.). If you can prove that you are the victim of domestic violence (and that looks quite easy under the new rules), it is still possible to get Legal Aid – not just for
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On Friday I sat behind counsel at the final hearing of a financial application within divorce proceedings. Very few such cases end in a contested court hearing – almost all cases settle by consent – see this post from January this year – and it was several years since I had attended such a hearing. I was
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From 1 April 2013, when Legal Aid for family cases is effectively withdrawn, there are likely to be more and more people representing themselves at court hearings. Traditionally such people are known as ‘litigants in person’. Recently we were encouraged to start calling them ‘self-represented persons’. Now we are told that the expression ‘litigant in
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Normally the court will serve the divorce petition on the respondent by post. The petitioner is allowed to arrange for the papers to be served personally on the respondent (handed to them in person), but it is against the rules for the petitioner to carry out personal service themselves – it must be done by
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Divorcing couples often assume that the house will have to be sold. They also often assume that the proceeds of sale will be divided equally. Neither is necessarily the case. If the house is not particularly large or expensive, and if there are children, there may not be a sale until the children have finished
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Yet another request from a prospective client last week to draw up a separation agreement. She said she and her husband had agreed on everything and they just needed a solicitor to draft a separation agreement. I explained that I could not advise both of them – there was an intrinsic conflict of interest. It turned out
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If you’re thinking of getting divorced, you’re told that mediation is a sensible, constructive and inexpensive alternative to a court battle. Who could possibly disagree with that? Nobody, of course. It’s just that the alternative to mediation is not a court battle. Most divorcing couples sort out their financial arrangements by direct discussion between themselves or by
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Wrong. When there is a divorce, most disputes about children or about money are settled by the couple talking to each other (which costs nothing) or by negotiating between solicitors (which costs money, but not usually a fortune). Only a tiny minority of problems are resolved by the couple fighting it out in court (which
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