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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2722
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There , i am the applicant in FDR, my wife has managed

Resolved Question:

hi there , i am the applicant in FDR, my wife has managed ot obtain legal aid by applying for a non mol and occuaption order on a buy to rent house i no live in ( marital home sold 2 years ago ) the quetstion is how could she get legal aid when she has over £20,000 of assets. the certificate and FL401 have not been sent to legal aid(LA) i have contacted the legal aid board who confirm that application for LA has not been made, I belive the solicitor may be cooking the books or the applicant has lied on the means test
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. What assets does she have in her sole or joint names, and what is the value and any mortgage on said assets?
Customer: replied 1 year ago.
the house in my name and a business partner from 15 yrs ago, married for 10 years. her (joint assets a landrover freelander valued at £10,000 she is claiming £6500 £8000 camera equipment , £3000 of apple mac . had not disclosed jewelry ion form e to the value of £3000 ( working on that separatly through further questions and normal correspondence
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.
Thanks for confirming. If there are any individual items worth £500 or more, then she should have disclosed those on her legal aid application and it would be for the legal aid agency to assess whether they are considered "disposable capital" for legal aid assessment purposes. If you have concerns that she has not disclosed such assets, then you can contact the legal aid agency directly and raise these concerns, and they will assess whether to carry out further enquiries.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
thanks for this, i have contated legal aid board the application is not filed yet. the solicitor has filed the FL401 and attached a certifcate for legal aid with a out a number, this smells to me of a "back door approach" as it is possible to get legal aid for FDR in divorce if "domestic violence is proven" seem to me the applicant has lied, the solicitor may wel know about it ( as it is declared on form e) and going for Non mol to get the pre paid ticket for FDR/ FRRI wish i didnt have to know all this,
Expert:  Harris replied 1 year ago.
Thanks. If the solicitor was instructed to pursue the application for non-molestation order it is usually on an urgent basis and they would not be granted a legal aid certificate number immediately as it has to be processed and could take at least a week.In relation to your position, even if you were to obtain domestic violence evidence you will have property and business assets that will need to be assessed as part of the legal aid criteria, and the capital threshold is £8,000 - so you may well be above that. You should also be aware that even if she were granted legal aid for the financial matter and she obtains any assets or financial settlement, she will be subject to the "statutory charge" and will need to repay back the legal aid.
Customer: replied 1 year ago.
Hi Harris, Bingo it was an Urgent application "ex party" and rejected on the 19th feb for full hearing on the 12 May, legal aid confirmed that no application has been made as of 12/04/16. i shall keep pursuing this as it repercussions into the FDR, she is being non compliant and has made her self "Unemployed by resigning her job to make her situation look worse. This is my "challange" divorcing a full on angry narcasist , who is un unepolyed dreamer / photographer with a degree in family law and ex domestic violence worker.......... Could i wish for a more horrid adversary
Expert:  Harris replied 1 year ago.
Thanks - I hope it goes well. It is always difficult to deal with respondent's who do not comply with the process, but the court can impose penalties against her if her non-compliance causes a delay and increases your costs unnecessarily.
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Customer: replied 1 year ago.
Thankyou, aware of that , practice rules 9a 3.3 anything from costs, to a penal order , my preference would be. I am estimating Nil reslution at FDR and all the way to FRR. so i have another 6-9 months ahead of me as teh courts are overloded. I think we are done. I belive that her solicitor is "sat" oin an application awaiting the out come of the non Mol on the 12th. At work in the commercial world we call it "working at risk".... I have emailed the solicitor ( i never get a repsonce from them in normal correspondence i CC the practice manager and the managing director. Funny I got a responce in 9 hrs. clearly stating that she is entitled to legal aid........... as i said , i wont let it drop. I read an article in the press "faulse Non Mol order application are up by 92% since the change in legal aid rules of 2013.thankyou for your helpregardsPhilip

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