Legal Question in Family Law in United Kingdom

Re: legal aid

Hello. Thank you for your question to Law Guru. This has been passed to us for attention as associates in the UK. You will see that we are www.legal-zone.co.uk and you may well find some information on our web site which is helpful to you.

I can answer one part of your question quite simply. Legal aid or public funding as it is now called is rarely free in civil matters. If as a consequence of being granted public funding you recover or retain money or assets these must be used to repay the fund. Thus in your case you will quite certainly retain your share in the matrimonial home and the charge to the fund will be registered against that and repaid (with interest) when the property is sold.

I am sorry to hear of your matrimonial difficulties which must be most worrying and upsetting. You say that your husband requires a separation. If this is the case there is no power for the court to vary the ownership of the matrimonial home or make orders for its sale. For this to happen in the present circumstances there must be divorce proceedings or an application under the Trusts of Land Act which would be quite inappropriate.

I am far from certain from what you tell me that your husband is entitled to a divorce. Whether you would consent to one and whether this would be in your interest is something that will need careful consideration. Were there to be a divorce the financial settlement would not necessarily involve a sale of your property. I notice that you are disabled, unable to work and maintain yourself other than from state benefits. Any divorce settlement must allow for your housing needs and future maintenance and also the needs of your daughter (and granddaughter?) whilst still in education.

If you care to e-mail me with some further detail of your position I will be happy to advise further without charge and a decision can then be made on the way forward. Clearly some urgent action must be taken to ensure the mortgage is paid and you receive any maintenance to which you are entitled

Kind regards

Andrew Dutton

[email protected]