Litigant in Persons behind unfair divorce settlement

A High Court Judge has granted permission for a woman to appeal her divorce settlement, after a lack of representation due to Legal Aid cuts led a District Judge to conclude incorrectly that she was a liar and a bigamist. 

In the original divorce settlement, the Judge decided to transfer a jointly owned property in Dartford to the Husband and ruled that a flat in a foreign country which her Husband alleged was owned by his Wife, should be transferred as to 75% to the Husband and leaving just 25% to the Wife.

On appeal, the Appeal Judge queried the original Judge’s line of questioning saying that it had been thoroughly confusing to a lay person.

The Appeal was granted and the matter was sent back for re-determination.

Following the Judgement, a spokesman for the Ministry of Justice was quoted as saying “our Legal Aid system is still one the of most generous in the world.  Last year we spent £1.6 billion on Legal Aid, almost a quarter of our departmental budget.  The spend review settlement we have reached with the Treasury for the next 5 years leaves Legal Aid almost untouched.  It has long been the case that some people represent themselves in Court but we are increasing the support available.  This includes spending 2 million on advice for Litigants in Person, including approved online guidance”.

Nevertheless, the Legal profession still feels that Litigants in Person are not able to understand the procedures involved and maybe at a disadvantage. 

At Ringrose Law, we offer free clinics, fixed fee advice and you may also be entitled to Legal Aid.

Call any of our offices at Boston, Lincoln, Sleaford, Spalding Newark and Grantham for further advice and assistance.

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