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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter was diagnosed with brain damage a year ago. She

Resolved Question:

Good morning. My daughter was diagnosed with brain damage a year ago. She is currently living in a residential home. Her husband has just asked her for a divorce, am I correct in thinking she will need legal representation from a lawyer? Also, would it be possible for her to get legal aid?
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Legal aid for divorce matters is only available if there is evidence of domestic violence from her husband towards her in the last 5 years - such evidence can include police caution, conviction or medical evidence. If there is no evidence that she can produce then she will not be entitled to legal aid. If there is such evidence her finances will need to be assessed.

However, if it is only a divorce that he is seeking she does not necessarily require representation and as she will be the respondent there will be minimal work to do therefore instructing a solicitor on a privately paying basis will not be too costly.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Thankyou for your advice. I am also wondering wether her husband has any responsibility towards her financially when he divorces her.
Expert:  Harris replied 10 months ago.

Thanks - if they have assets or if she cannot meet her reasonable needs then she is entitled to apply to court for financial relief if nothing can be agreed between them directly or through mediation. If you wish to obtain more information regarding the financial matter please confirm:

-How old they are?
-How long have they been married?
-Do they have any children together, if so their ages and proposed arrangements?
-What assets and pensions they both have (both sole and joint), together with values and whether they are sole or jointly owned?
-Their respective incomes?

Expert:  Clare replied 10 months ago.

My name is ***** ***** i have been a solicitor for more than 30 years.

Just to add to the above - whilst your daughter will not necessarily need a solicitor she WILL need some one to deal with matters on her behalf as a "Litigation friend" - if there sno Family member willing to take this on then the Official Solicitor will deal with it

You can read more here

https://www.gov.uk/divorce/if-your-husband-or-wife-lacks-mental-capacity

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