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Is Legal Aid available ?

  • Thomasjames
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05 Dec 18 #505215 by Thomasjames
Topic started by Thomasjames
Is legal aid available for financial settlement disputes?

If H & W have joint savings (in a joint account)

but, H moves all of it into her account (for safe keeping)

at what point in proceedings does court decide who funds belong to?

  • hadenoughnow
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06 Dec 18 #505217 by hadenoughnow
Reply from hadenoughnow
Legal aid is only available in very limited circumstances where dv has been involved.

The point of the court proceedings for finances is first to determine what is in the pot, second to establish needs and third to work out the best way to split the assets to meet those needs.

The question of the savings should be raised in the statement of issues for First Appointment. The judge may be able to give a view at that stage. You can ask for an order to state how the savings are to be treated if necessary. The schedule of assets should be agreed by the time you get to FDR. If it isn't, the judge can decide at that stage what is to be included. You can also seek undertakings/orders about not spending the money.

NB all assets go into the pot whether they are in sole or joint names. Some may be argued out later.

If you are LIP with limited funds, you may find some of our support services useful.

Hadenoughnow

  • .Sylvia
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06 Dec 18 #505219 by .Sylvia
Reply from .Sylvia
Worth pointing out that legal aid is available for pre-court mediation - nfm.org.uk/family-mediation/legal-aid

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06 Dec 18 #505220 by Thomasjames
Reply from Thomasjames
Thank you but, is legal aid available for post-court mediation i.e after the judge at (first directions appointment) advised a PSO due to no capital assetts?

No capital assets are available because W did not tell truth about their financial position's

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06 Dec 18 #505221 by .Sylvia
Reply from .Sylvia
If you read the link I posted, and Hadenough's reply about legal aid, you will see that legal aid is only available for court proceedings for those who have been a victim of dv and who meet the financial criteria.

It's very likely that you are not eligible for legal aid for court proceedings, any may need to consider self-representing. Call the Wikivorce helpline and ask about the support services.

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06 Dec 18 #505222 by Thomasjames
Reply from Thomasjames
Thanks....

I was subject to threats of violence (but from older son) so, as only threats, I guess it does not count as DV.

The question i was trying to ask (in a round about way was.....can i self represent even after Consent Order sealed by court...

But i was not aware, they were all miss-guiding the court with non full disclosure

  • .Sylvia
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06 Dec 18 #505223 by .Sylvia
Reply from .Sylvia
I think the best starting point for you is to call the helpline on 01202805020.

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