This is a question for those with knowledge of ENGLISH law! If a person in England was off work ill and in receipt of Statutory Sick Pay, could they obtain legal aid in order to get divorced? (I know they could if they were on Income Support, but I don't know how it stands with sick benefit.).
The person concerned has a live-in partner who works and earns a modest salary and they pay rent to the council. The partner has an 18 year old child from a former marriage who is at college and lives at home with them. The person himself has 2 children who live with their mother and he does not currently pay them any maintainance at all. (Yes, I know, what a pig!).
He SAYS he is off work sick and in receipt of SSP so can't obtain legal aid to fund a divorce from the mother of his children.
Something here isn't quite adding up... is he telling the truth or CAN he obtain legal aid?
2007-12-30 07:51:37 · 7 answers · asked by miranda6382 2 in Politics & Government ➔ Law & Ethics
Legal aid in matrimonial cases is quite complex. Try the link below. However, if he can't fund a dovorce that is his problem. A 'Calderbank' type letter would be appropriate if he is unable to pay legal costs of his own. That means each party bears its own costs.
If he has assets, property, or income then part of divorce proceedings would be ancillary relief; such as who gets what and how much maintenance either party has to pay to the other. One must wonder what he is trying to avoid - getting divorced or the cost of being divorced.
2007-12-30 08:53:14 · answer #1 · answered by stephen.oneill 4 · 0⤊ 0⤋
I am a trained lawyer. There are different types of legal aid. Divorce in itself comes under the legal help scheme and matters relating to it, such as property, children, injunctions etc need full legal aid certificates. They are means tested and there is no rule that only those on benefits qualify. For Legal Help if you have to be eligible on capital, then they make allowances for rent and children from an average income and depending on the answer, you are either eligible or not free of charge. For Legal Aid, similar principles apply, but with a graduating scale of contribution. New rules make legal aid more difficult to get if you have a house etc. Both schemes enable the costs to be recovered from monies you get or keep as a result. The qualifying figures are forever changing and bear no resemblance to a normal persons outgoings. A person who lives with another, who is not a party , the means are aggregated for legal aid purposes.
2008-01-01 07:46:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No he cant get legal aid. in some cases now they are denying LA even if you are on IS.But if you have a low income AND it may be an interesting case then you may get legal aid. What he should do is apply for LA through his Solic and see what happens.
2007-12-30 08:02:59 · answer #3 · answered by r.beaswell 2 · 0⤊ 0⤋
Why not call another solicitor and provide similar information, buit using you details. That would certainly help.
Legal Aid is dependant on the level of Income, not just what benefits you are on.
2007-12-30 08:03:13 · answer #4 · answered by Post Girl 5 · 0⤊ 0⤋
The Legal Aid also considers any savings you have if you are on SSP.
2007-12-30 08:39:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
My daughter got legal aid when she split with her partner (not spouse) but had to pay it back when the house was sold. and also contribute a sum towards the costs. her ex-partner was not working and did not have to contribute but had to pay back on sale of the house ( I think)
2007-12-30 08:04:42 · answer #6 · answered by Scouse 7 · 1⤊ 0⤋
With the way the british gadget works i wouldnt be in any respect suprised. yet I could desire to declare i think of its somewhat cheeky for somebody who hasnt paid tax to take the tax money of the actual voters of the rustic for something.
2016-10-20 10:40:20 · answer #7 · answered by ? 4 · 0⤊ 0⤋