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I'm at a point where I'm about to get my C100 & submit application.
I've just realised this will obviously force my ex to decide on representation. Question really is she is on benefits & not working does that entitle her to Legal Aid right off the bat?
If not, meaning representation by solicitor would have to be funded by her/her family does this not increase the likelihood of a bogus domestic violence claim?
Call me cynical but if it's cough up a boatload of cash or add one more lie/false allegation to her already substantial pile is it not obvious what's likely to occur here?
Summary: Respondent is on benefits so is this enough to entitle legal aid or is it ONLY if there's DV allegation involved that qualifies parties for Legal Aid?
So I'm right in thinking that she won't get legal aid then purely based on being in receipt of (all kinds of) benefits?
In my case, there was no "proof" of any DV allegations that were being made by my ex. She approached a womens aid agency 6 months after us separating and got a letter from them saying she suffered abuse.
She then used this to obtain legal aid.
So the point here is you do not need proof of DV, as you can lie to a womens aid agency and they can regurgitate the lie and help the woman qualify for legal aid.
There are 8 or so criteria the legal aid agency have for someone to qualify for legal aid, most of which would require some form of proof, however, the womens refuge/aid agency one is a huge loophole. Thats how my ex got in on the legal aid.
Simon.
I'd assume that the later in the proceedings this is conjured up means that it would look suspicious & quite obvious that they're merely trying to qualify for Legal Aid? at least that's what I;'d love to believe.
I wonder what correlation between finding out you don't qualify for Legal Aid & an allegation of DV being made would show.
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