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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33815
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter claims , she's not entitled to legal aid. She's

Customer Question

My daughter claims , she's not entitled to legal aid. She's unemployed, mother of 2 children, living on benefits. She and her husband are in a state of none mutual separation for over a year. They both live in their own homes, which they both own.
They separated due to domestic violence, both, Social Services and Domestic Violence Unit from the Police were involved, assisted and were present, at the husbands eviction.
She found records of accounts totalling £ 170.000 cash in his name. Which he subsequently banked in his mother's name. This was brought to the attention and recorded with her Solicitor, which she had at the time.
She tells me, she has to wait a further 3 years for her divorce living on benefits with no money. The husband insists, he owes her and the children nothing. Doesn't pay anything, £20 at X-mas.
My question is this, is she entitled to Legal Aid or not, to divorce him now.
Surely, she must be, there are enough assets available, even if some funds have to help pay legal fees later.
There must be a Solicitor, that can help her to get this done ?
Can you help.?
Kind Regards,
TJensen
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is the husband also unemployed?
Clare
Customer: replied 2 years ago.

The husband has not worked throughout their marriage, the children are now 10, 11 respectively. Apart for some/very little part time jobs.

No permanent full time employment, for approximately 10 plus years.

in fact, he done as little as possible.

How he accumulated his funds, I have no idea. He controlled absolutely everything, including the children's benefits.

My daughter was in full time employment, working for Surrey Police, in the legal department. Lost her job approximately 3 yrs ago. She had been the provider for many yrs.

Expert:  Clare replied 2 years ago.
Hi
Your daughter is correct when she says that legal aid is no longer generally available for divorces - but the fact that there has been proven Domestic violence does mean that she may be able to apply - and a good matrimonial lawyer shoudl be able to help her obtain it.
Even if that is not possible she certainly does not have to wait for a divorce.
She can issue a Petition base don her ex's Unreasonable Behaviour immediately - she can complete the forms herself and is entitled to exemption from the court fees
She can read more here
https://www.gov.uk/divorce/file-for-divorce
Once that is underway she can make the application for the financial issues to be dealt with including full disclosure of the financial position.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33815
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Could you advise me, please, if full financial disclosure will be dealt with by the Courts ?

The ex is a very stubborn cookie, and will do anything to avoid disclosure.

It had been established, by Social Services and with the help of the Domestic Violence Unit, that the Ex used to force himself on my Daughter,

(The word rape was mentioned by my Daughter, but because of the children , she did not pursue this line of inquiry. Him being the father of the children. )

I believe she is still frightened of him.

We are estranged, she's never opened up to me, when I questioned her approximately 8 yrs ago, if he abused her. She strenuously denied this, as she has lied on other matters. This could be due to pressure and possibly threats from the husband.

When you say, a good matrimonial lawyer will obtain it, you mean legal aid.? Can you tell me, where to find one.

This has been going on for many years, she is my only Child, and they are my Grandchildren. I do not wish to give up on them.

The little girl does not like him in the house, so she told me X-mas by email.

Something is seriously wrong there.

Kind Regards

Tommy

TJensen

Expert:  Clare replied 2 years ago.
Hi
Yes full financial disclosure will be insisted on by the courts - with imprisonment as an option if her ex tries to defy them
You can find a Specialist lawyer on the website
www.resolution.org.uk
Clare
Customer: replied 2 years ago.

Hallo Clare,

I suppose you can't elaborate on all the other matters, unless some more fees are possibly being paid, as they are have nothing to do wit the original question, but of course for me are related.

Could you tell me your overall view on the matter, if I were to pay alittle more.

Kind Regards,

Tommy

TJensen

Expert:  Clare replied 2 years ago.
Hi
Which issues would you like more information on - just as and I will do my best to assist you
Clare
Customer: replied 2 years ago.

Hallo Clare,

on the points of being frightened of him, forcing himself on her.

But they are decisions only she can make,

whether to tell me or pursue the rape issue.

Thanks.

Kind Regards,

Tommy

TJensen

Expert:  Clare replied 2 years ago.
Hi
On one level since they have now separated it is not relevant what has happened - she finally found the courage to walk away.
However there is a lot of damage done when you have been in an abusive relationship and you may wish to suggest that she attends a local Freedom programme to help with support and encouragement
http://www.freedomprogramme.co.uk/
Clare
Customer: replied 2 years ago.

Hallo Clare,

thank you, ***** *****

I have forwarded all our chain of emails to her.

Kind Regards,

Tommy

TJensen

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare

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