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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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I live in Scotland and am currently on assistance aid, I am

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I live in Scotland and am currently on assistance aid, I am employed. I have just filled out a Legal Aid form to go to court for divorce proceedings - financial issues mean that the simplified divorce was rejected by Sheriff - objected to by ex. As I work, full Legal Aid will cost me an extra amount each month for a couple of years, which I can ill afford. If my ex was to take me to court, how would that work financially? Would I still need to pay in the same way for legal aid? Thank you!  XXX

Thank you for your question.
Yes, it would be the same either way whether you have legal aid to pursue or legal aid to defend. The contribution you have to make towards it would be the same.
However, in either case, if his claim is thrown out and you can demonstrate to the court that he acted unreasonably in bringing a financial claim, you can ask the court to make him pay your judicial expenses which can be offset against your own costs.
Your solicitor should write to his and make this plain from the outset so that the letter can be founded on at a later stage in any argument about judicial expenses.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you for your response, really helpful. Agreed to terms and conditions of website, but only way to view your answer. Should not have included my name on bottom of initial question, at which point did not realise website was like a forum. But lost opportunity to edit my question. Are you able to help with removing my name from that initial question? Please reply. Thank you

I can't do this personally but I'll ask the moderator to do so for you.
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