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Question: This is a question for those with knowledge of ENGLISH law! If a person in England was off work ill and in receipt of Statutory Sick Pay, could they obtain legal aid in order to get divorced? (I know they could if they were on Income Support, but I don't know how it stands with sick benefit.).
The person concerned has a live-in partner who works and earns a modest salary and they pay rent to the council. The partner has an 18 year old child from a former marriage who is at college and lives at home with them. The person himself has 2 children who live with their mother and he does not currently pay them any maintainance at all. (Yes, I know, what a pig!).
He SAYS he is off work sick and in receipt of SSP so can't obtain legal aid to fund a divorce from the mother of his children.
Something here isn't quite adding up... is he telling the truth or CAN he obtain legal aid? - by miranda6382
Answer: Legal aid in matrimonial cases is quite complex. Try the link below. However, if he can't fund a dovorce that is his problem. A 'Calderbank' type letter would be appropriate if he is unable to pay legal costs of his own. That means each party bears its own costs.
If he has assets, property, or income then part of divorce proceedings would be ancillary relief; such as who gets what and how much maintenance either party has to pay to the other. One must wonder what he is trying to avoid - getting divorced or the cost of being divorced.-
Replied by stephen.oneill
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