Legal Aid not given in divorce except in certain circumstances

[sneezecakesmum]

Heard this today on the news. Only around 40,000 cases eligible (domestic violence etc) previously around 240,000 (?) cases.

When does this come into force?

What will couples who cant afford to fund privately do? Said on news they would have to self represent or go to substandard companies for advice.

Are there any alternatives out there?

[sneezecakesmum]

Or is it just a proposal? Will need to wash out ears in future.

[Collaborate]

It's going through parliament now. It will come in in October. The news is correct if you can't afford representation. I posted a thread about the threat of this last year, but it generated next to no interest. So there you go.

[sneezecakesmum]

Its going to be devastating and mainly to women as they are the most likely to be low earners with the main child caring responsibilities, maybe even out of the job market altogether, and therefore not able to afford solicitors and barristers.

Its very discriminatory to women, in an underhand sort of way. I'm surprised (not) the politicians can get away with this.

I hope the solicitors representative body can have some kind of regulatory control over these new agencies which are proposed for cheapy divorces/separations, sounds like another 2 tier system, like there is for civil actions...1st tier you can afford actions, 2nd tier you can't!

[Kladdkaka]

It worries me for women in domestic violence situations. How are they going to decide who is elligible? Do you need broken bones? A black eye? How about a persistent and sustained campaign of fear and intimidation? My ex never quite escaled to hitting me, but nearly 20 years later I'm still receiving treatment for PTSD. Would someone in the situation I was in qualify? What about all the women who hide it until they reach rock bottom and escape?

[olgaga]

What makes me laugh is this so called "cost cutting" measure will end up costing far more in the long run, when the courts are flooded with litigants in person who need far more court time than represented parties.

It'll be a fiasco.

[edam]

kladd, they are taking away legal aid from victims of domestic violence anyway, so not only will you not get legal aid to escape from a violent thug, you won't get legal aid to divorce him either. (Except that this week they finally climbed down slightly on DV - still very far from perfect but not quite as appalling as the original proposals, which were basically 'was there a witness to your husband hitting you? No? Tough shit then. And no, a doctor's report doesn't count.)

[Kladdkaka]

Then I would have been up the creek. The emotional, mental mess I was in at the time, I think I would have killed myself without the legal support to escape. I think my solicitor at the time realised this. She represented me at a couple of hearing not covered by legal aid and told me not to worry about the costs, the company would suck it up.
This feels like a step back into the Victorian era. Perhaps next they'll make women stay, after all it would save the governement money.

[DonInKillerHeels]

"It worries me for women in domestic violence situations. How are they going to decide who is elligible? Do you need broken bones? A black eye? How about a persistent and sustained campaign of fear and intimidation? "

Apparently, the only evidence of DV they will accept under the new regime will be living in a refuge - they won't accept doctors', hospital or other reputable evidence. Even just given the numbers of women turned away from refuges every week this is punitively stringent.

But we voted in a Conservative government. Does everyone now remember why we kicked them out last time?

[edam]

We didn't vote them in - they didn't win a majority. But act as if they did.

[edam]

And I don't remember Cameron saying 'we are going to leave victims of domestic violence without access to lawyers' during the election. Or saying 'we are going to pursue policy after policy that hurts women'... female unemployment is at record levels thanks to the Tories.

[sneezecakesmum]

How would women self repping understand about financial disclosure and other things that affect their future and their children. The judges will spend forever explaining things. Cases (already not the speediest of things) will take forever. Will the courts send booklets for defendants to wade through and end up even more

Civil cases lost legal aid i think and now basically you have to be a millionaire to clear your name. crap all of it.

[susiedaisy]

This will have a terrible ripple effect on the children stuck in these unhappy / abusive marriages! I got legal aid for some of my divorce/court proceedings thank god don't know what I would of done otherwise, this will be huge step backwards if it happens

[MOSagain]

Bloody hell babybarrister that is awful. Did no one attempt to stop the attacker?

[sneezecakesmum]

If thousands of people (me inc) marched against an illegal war in Iraq and afghanistan and were totally ignored, a few lone voices amending a bill in parliament doesnt amount to much.

Its a typical case of 'you don't miss it till its not there anymore'!