Here for you: Please note that Brookman’s services remain uninterrupted during this time. Read more

Blog

 

In recent years the government has placed significant restrictions on the availability of legal aid in family law cases, including divorce. Although there is limited financial assistance available for couples embarking on mediation this is subject to a means test. You can check whether you qualify for legal aid on the government’s website.

 

What Family Law Cases Is Legal Aid Available For?

Legal aid is still available in family cases where there is a risk of domestic abuse. You may still have to prove you are financially eligible. This means you may apply for legal aid if you are applying for:

  • a non-molestation order or occupation order
  • a restraining order
  • a child arrangements order, prohibited steps order or specific issue order, if you or any children have experienced domestic abuse
  • a forced marriage protection order

Legal aid is also available when a local authority has brought care proceedings and in cases where a child is about to be removed from the UK. It is also possible in limited circumstances to argue entitlement to legal aid under the European Court of Human Rights

 

Alternatives To Legal Aid

With the removal of legal aid from the majority of divorce cases many divorcing couples going through separation and divorce now have no option but to represent themselves. There is evidence that this has put family courts under pressure and has led to backlogs and delays. It is also the case that final outcomes in relation to finance and children arrangements are unsatisfactory because of the lack of formal legal advice.

Divorce is a time of financial hardship for many, as a single household effectively splits into two. Sourcing funds to pay for legal fees can prove extremely difficult. But if at all possible it is worth investigating alternative funding options to get specialist advice that ensures you protect your family’s future position. Many law firms now offer their services on an ad hoc basis at key points in the divorce process. There may also be the possibility of funding legal advice through a specific type of loan.

 

Can I Use Legal Aid For My Divorce?

Date: May 15th, 2018 - Written by: Brookman Solicitors

  In recent years the government has placed significant restrictions on the availability of legal aid in family law cases, including divorce. Although there is limited financial assistance available for couples embarking on mediation this is subject to a means test. You can check whether you qualify for legal aid on the government’s website.  … Read the full article

If I Transfer Assets To A Family Member Before Or During Divorce, Could Those Assets Be Included In The Financial Settlement?

Date: May 10th, 2018 - Written by: Brookman Solicitors

  The short answer is yes – they could. There is an obligation on both parties in a divorce to disclose assets fully and frankly. And courts need marital property to be preserved until it reaches a final decision that is fair to both sides. Transfers of assets to family members or third parties before… Read the full article

What happens to my pension if I divorce?

Date: March 23rd, 2018 - Written by: Brookman Solicitors

  Your pension is an asset just like any other. During divorce you must disclose it on Form E along with all your property, including savings, shares and other assets. The starting point for pension division is the same as with other property – that’s 50/50 between spouses. But the reality is that the final… Read the full article

Can I divorce a spouse who is not in the country?

Date: March 19th, 2018 - Written by: Brookman Solicitors

  You can issue divorce proceedings against a spouse who is not in the country if: The courts here have jurisdiction to accept your petition and There are appropriate grounds for divorce International or ‘ex pat’ divorces like this sometimes raise complex issues about property division, maintenance and the care of any children. It’s therefore… Read the full article

Are prenups binding in the UK?

Date: March 15th, 2018 - Written by: Brookman Solicitors

  If a prenuptial agreement is fair it’s likely that the courts in England and Wales will recognise it as binding on the parties. Of course there is continued debate over what constitutes fairness in the context of an agreement like this. As a result the precise legal status of prenups is still to some… Read the full article

Divorce lawyer reviews

Date: January 23rd, 2018 - Written by: Brookman Solicitors

  All solicitors undergo rigorous training. This gives you a degree of reassurance when searching for the right divorce solicitor. In addition the Solicitors Regulation Authority monitors professional conduct and all solicitors are required to hold professional indemnity insurance. So if something goes wrong with your legal representation there are ways to rectify matters. This… Read the full article

What are the benefits of a free consultation?

Date: January 19th, 2018 - Written by: Brookman Solicitors

  Solicitors frequently offer free consultations – either by phone or in person. For individuals confronting family law issues, including separation and divorce these appointments offer real benefits. If you are looking for a family or divorce lawyer a free consultation could be the first step towards finding a solicitor you can trust and rely… Read the full article

How to choose the best divorce lawyer

Date: January 15th, 2018 - Written by: Brookman Solicitors

  Today there is a wealth of information online and elsewhere about finding the best divorce lawyer for you. It can make reaching a decision on which law firm to choose overwhelming. Relying on word of mouth recommendations from friends and colleagues is useful. But a lawyer who proves a good fit for one person… Read the full article

Out Of Court Divorce In France: Will It Work?

Date: December 1st, 2017 - Written by: Brookman Solicitors

  French divorce law changed this year. A new article 229 in the French Civil Code means couples that agree to a French divorce can now end their marriage without any judicial intervention at all. An agreement, signed by lawyers for both spouses, is sufficient to formalise the divorce. On the face of it the… Read the full article

Online Gaming: When is it unreasonable?

Date: November 27th, 2017 - Written by: Brookman Solicitors

  Facebook and other social media sites have taken their fair share of blame for marital breakdown in recent years. If it is to be believed, a 2011 Daily Mail article suggested that Facebook activity was mentioned in a third of divorce petitions alleging unreasonable behaviour. But increasingly there’s reason to suspect that online gaming… Read the full article


Google Reviews

Brookman Solicitors

64 Reviews

Wim Jansen 24/06/2020

I contacted Brookman to ask for information regarding the validity of an international divorce court ruling. They were very quick in providing me with the right information. When I had another question a few months later around children matters I phoned them again and after taking some background information and contact details they booked me in for a free telephone consultation with 1 of their partners Talitha Brookman. She spent half an hour of her time explaining to me what I could expect and provided legal advice. All was free of charge. I would not hesitate to contact them again should any matter become more formal and have to go through court. The service has been quick, professional and very friendly.

Rebecca Brown 01/06/2020

Highly recommend this firm. Having searched around different firms for advice for some time, I had a free consultation with Henry Brookman. He was incredibly knowledgeable about my complex situation, gave straightforward advice and empowered me to understand exactly how I need to proceed.

Nik Carter 10/05/2020

I recently had a free initial consultation with Henry Brookman via video conference. He was considered and meticulous in his approach and gave me well thought through advice. He followed this up with a letter in writing summarising the advice he gave me. I would thoroughly recommend his services to anyone looking for legal representation in a divorce.

Sarah Jones 02/05/2020

Henry was extremely helpful and pleasant to speak with. He provided comprehensive advice in a matter of hours and responded promptly to any queries I had. I would highly recommend speaking with him.

Shazan Awam 19/04/2020

Very helpful and thorough advice. Highly Recommend!