Legal aid and divorce

LegacyUser · 03-12-2019 2:55pm #1

I have a friend who was a long time separated from her ex husband. He was violent so that's why she never moved on a divorce until recently.

She started the whole process of applying for legal aid in 2018. Early 2018. She was granted a solicitor within 2 months or so. She's been in this legal system for well over a year at this stage. The ex has mellowed and he is not contesting the divorce. There's no children or dependents. There is the family home property to sort out but that's it.

She is disappointed with how long this is going on for and we all are and she thought it would be all done by now.

I read the courts.ie page on divorce and I find it incredible how far away she is to a divorce even though she was assigned a legal aid solicitor about 18 months ago and she's been dealing with the legal system since than.

It was June of this year when her solicitor informed her of alternative obtions eg mediation (that's part of the process).

The next part was something called notion of motion. That took part in early October of this year.

She hasn't heard from her solicitor since than. From the courts.ie page, the next part as I understand it from there is Case progression. I think you or your solicitor has to apply to the courts for a case progression but I could be wrong about that. My friend hasn't heard from her solicitor since September and she doesn't know if he has moved on to the next step. Surely it doesn't take 2 or 3 months to apply to the courts for a case progression.

We are both shocked at how long this is going on for and her divorce is still so far out of reach and no where in sight. I would be surprised if it comes in before next summer which is absolutely scandalous because that will be the two year mark in the system.

Do legal aid solicitors mess around with time trying to get paid more by the state? This is the only thing I can think of.

What now?

I've read about DIY divorce. Should she back out from the legal aid system, pull the plug on all of this and do it herself. It might be quicker.

Ken. · 21-12-2019 3:40pm

Mod-Sorry for not approving this earlier. I totally missed it.

FishOnABike · 21-12-2019 5:42pm

Was your friend appointed a legal aid board solicitor working in one of the legal aid board offices or an external solicitor (working from their own independent office) from the legal aid board's private practitioner panel?

The legal aid board solicitors are legal aid board staff and are paid a salary. Private practitioner panel solicitors are paid according to a set scale of fees - which are below what they could earn from a private client. It is in neither's interest to draw out things unnecessarily.

The initial wait for legal aid can be over a year in some offices. Your friend should check with her solicitor what has been filed and where she is in the process. It sounds as if Court papers (Notice of Motion and accompanying documents (Civil Bill, Affidavit of Means and Affidavit of Welfare) have been filed and they may be waiting for the court service to set a date.

A case usually goes onto the County Registrar's, Case Progression list first and once it is ready for hearing goes onto the Judge's list for hearing. If all the paperwork has been filed I don't think changing solicitors will speed things up at this point.

If she and her ex can agree terms for their divorce she should let her solicitor know and try to put a Divorce Agreement in place. A Divorce Agreement would speed things through the court system as case progression and making the agreement an order of court would be formalities. With an agreement her solicitor could try to actively manage the case by applying for the matter to be listed for case progression hearing asap, then having it moved to judges list asap, then asking for an early hearing as it should be a very quick matter asterms are agreed and it only needs to be made an order or court.

The legal process can be infuriatingly slow sometimes but there's light at the end of the tunnel. The courts don't sit again until around mid January so nothing much can happen before then.

She should get a written divorce agreement in place as soon as she can and with active case management it should be possible to have everything done and dusted by Summer and possibly sooner with a bit of luck.

LaShalom · 23-11-2020 11:16am

I am in the same position. I have been in the system for 3 years now awaiting a court date. Unfortunately I have 4 children and a house at stake. I also have a emotionally abusive husband (no more physical) who won't move out or allow me take the children. Mediation failed dramatically and woefully. I lived in lockdown and slept with one eye open. Making sure to lock my bedroom out of fear.

He is home 24/7 so there is no reprieve. I'm at the notice of motion stage I think. He claims to have now applied for Legal Aid himself for his representation so he says there is a 4 month wait for that alone. Surely the fact that he has a case pending should have made him a priority?

I need help!! I also have a child with a disability I had to leave my job to look after. We are leaving in a house falling apart as he won't let repair men in to the house without his express permission or say so.. He actually physically refuses entry or orders them out if he deems notice not adequate enough. He will not repair either.
He does not want the divorce cos and is stalling. In the meantime he brainwashes and controls the children to an unbelievable degree. I know he is a narcissistic and unbelievably controlling. It took me a long time to summon the courage to decide to leave after 20 years.. Now its 23 years and I'm still waiting.
Please someone out there if you know anything about the system or anyway out for me pls give me advice as I'm holding on by a thin thread.

Thank you

FishOnABike wrote: »

Was your friend appointed a legal aid board solicitor working in one of the legal aid board offices or an external solicitor (working from their own independent office) from the legal aid board's private practitioner panel?

The legal aid board solicitors are legal aid board staff and are paid a salary. Private practitioner panel solicitors are paid according to a set scale of fees - which are below what they could earn from a private client. It is in neither's interest to draw out things unnecessarily.

The initial wait for legal aid can be over a year in some offices. Your friend should check with her solicitor what has been filed and where she is in the process. It sounds as if Court papers (Notice of Motion and accompanying documents (Civil Bill, Affidavit of Means and Affidavit of Welfare) have been filed and they may be waiting for the court service to set a date.

A case usually goes onto the County Registrar's, Case Progression list first and once it is ready for hearing goes onto the Judge's list for hearing. If all the paperwork has been filed I don't think changing solicitors will speed things up at this point.

If she and her ex can agree terms for their divorce she should let her solicitor know and try to put a Divorce Agreement in place. A Divorce Agreement would speed things through the court system as case progression and making the agreement an order of court would be formalities. With an agreement her solicitor could try to actively manage the case by applying for the matter to be listed for case progression hearing asap, then having it moved to judges list asap, then asking for an early hearing as it should be a very quick matter asterms are agreed and it only needs to be made an order or court.

The legal process can be infuriatingly slow sometimes but there's light at the end of the tunnel. The courts don't sit again until around mid January so nothing much can happen before then.

She should get a written divorce agreement in place as soon as she can and with active case management it should be possible to have everything done and dusted by Summer and possibly sooner with a bit of luck.

jimbobjoe71 · 24-11-2020 4:58pm

LaShalom wrote: »

I am in the same position. I have been in the system for 3 years now awaiting a court date. Unfortunately I have 4 children and a house at stake. I also have a emotionally abusive husband (no more physical) who won't move out or allow me take the children. Mediation failed dramatically and woefully. I lived in lockdown and slept with one eye open. Making sure to lock my bedroom out of fear.

He is home 24/7 so there is no reprieve. I'm at the notice of motion stage I think. He claims to have now applied for Legal Aid himself for his representation so he says there is a 4 month wait for that alone. Surely the fact that he has a case pending should have made him a priority?

I need help!! I also have a child with a disability I had to leave my job to look after. We are leaving in a house falling apart as he won't let repair men in to the house without his express permission or say so.. He actually physically refuses entry or orders them out if he deems notice not adequate enough. He will not repair either.
He does not want the divorce cos and is stalling. In the meantime he brainwashes and controls the children to an unbelievable degree. I know he is a narcissistic and unbelievably controlling. It took me a long time to summon the courage to decide to leave after 20 years.. Now its 23 years and I'm still waiting.
Please someone out there if you know anything about the system or anyway out for me pls give me advice as I'm holding on by a thin thread.

Thank you

I think you need to contact Women's Aid and see if they can offer legal advice or maybe get a barring order against him to remove him from the house. That's not a normal divorce, that's coercive control and emotional abuse.

Legal aid and divorce

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