Trying to obtain Legal Aid for Financial Abuse

[Jedidad1410]

All help and advice greatly received.
My father has left my mother after 50 year of marriage, he was having an affair for 4 years and is now living with his new partner. Unknown to my Mum and the rest of the family, he had run up £50k worth of credit card debt. As well as forcing a house move, taking out a large equity release on the new property and using my mothers inheritance to pay off bills. Since leaving he had been on numerous foreign holidays and purchased new cars and motorbikes.
He now wants the house sold, so he can take his share. However due to the equity release, the amount left for my mother, will not be enough to purchase a new house.
Reading the requirements for financial abuse, I think his actions and behaviour fit the requirements.
However I'm really struggling to find a Legal Aid Lawyer in England, that will even consider the case.
So at the moment we are in a situation where, my father had every thing he wants and my mother had no funds to hire a lawyer or fight for her rights.
I'm struggling to work out a way forward.

[Philip Bowen]

If you have suffered domestic abuse then you may be able to obtain legal aid funding for other family law matters such as divorce, children matters and separation matters. To be eligible for legal aid where there has been domestic abuse you need to show in the last 24 months that:

• Your opponent has an unspent conviction for domestic abuse; or
• Your opponent has a police caution for domestic abuse against you; or
• Your opponent has ongoing criminal proceedings; or
• There is an injunction in place; or
• There is an undertaking in place; or
• Your opponent is on police bail for a domestic abuse offence against you; or
• A MARAC (Multi Agency Risk Assessment Conference) has been convened; or
• There has been a finding of fact where findings have been made against your opponent for an offence against you; or
• Your health has suffered as a result of the abuse and you have a letter from your GP confirming this; or
• You have a letter from social services confirming that you are at risk of harm from your opponent; or
• You have been refused access to a refuge or have been accommodated in a refuge; or
• You have been referred by a health professional to a domestic abuse support service; or
• There is a DVPO (Domestic Violence Prevention Order) in place

You will need to have proof of the above evidence to show that you are eligible for legal aid, in addition to qualifying financially.

It seems very unlikely that your mum will qualify for legal aid. She could use a direct access barrister which is usually cheaper than using a solicitor and a barrister. Or you could try https://weareadvocate.org.uk/. This is a charity that attempts to find free representation from volunteer barristers. However, she will have to be accepted on the scheme and then they will attempt to find a barrister willing to help, but neither is guaranteed