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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3118
Experience:  LLB (Hons)
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We currently separated and about to divorce. My wife asked a

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We currently separated and about to divorce. My wife asked a non-molestation and occupation order against me. I believe her true motives is to get any of these injunctions to use as evidence of being victim of domestic abuse, therefore she can claim free lawyer/legal aid for financial settlement where we have major disagreement. If I offer an undertaking, just to finish it quick can she still do the same?

Hi, I'm Lea

Do you mean can she make a claim for legal aid if you give an undertaking?

Customer: replied 8 days ago.
can an undertaking used as evidence of domestic abuse to qualify for legal aid?

She can apply for legal aid without an undertaking in place - so long as she has other evidence of suffering domestic abuse. An undertaking can also be used in support.

If you ask her to give a cross undertaking - i.e. y ou both give undertakings not to contact each other etc., then she won't be able to apply for legal aid.

Customer: replied 8 days ago.
OK, thx. What time I should tell the judge, I'd like/willing to do some cross-undertaking?

The judge will decide how long either an undertaking or an NMO will last.

Customer: replied 7 days ago.
Sorry if I wasn't clear. I'm mean what part of process, I should tell this. Send a letter to court, or just offer at final hearing? I just have no idea from practical point of view and I'm sure at the end when judge makes/made his verdict it will be to late...

You said the hearing was next week, you need to write a statement, if you have not already done so and send it to the court and the other side's solicitor, so that the court has your position before the hearing starts.

You need to open new threads if you have further new questions.

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 7 days ago.
Thx. I just needed some clarification about details.

You're welcome.

All the best.