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Litigants in person “slow down divorce proceedings” (5 September 2014)
Date: 05/09/2014
Divorce lawyers are reporting that divorces are taking on average three weeks longer as a result of changes to Legal Aid for family cases.
The Telegraph reports that the impact to changes in Legal Aid for divorce cases means more couples are representing themselves in court.
In the case of “warring couples”, litigants in person – people who represent themselves in a courtroom without hiring a solicitor advocate or barrister – are taking up more of the court’s time.
Ministry of Justice cuts to the Legal Aid budget which came into effect in April 2013 mean that in divorce hearings, more emphasis is placed on dispute resolution between divorcing couples, as many family cases are no longer eligible for public funding.
Divorcing couples who cannot afford legal fees may therefore be forced to represent themselves in court if they are unable to agree a divorce settlement or decide upon the future care of any children.
Some members of the legal profession expressed concern that in family cases, litigants in person might need more time to present their cases and might also not be well versed in court room procedures, requiring “coaching” in how to present their case or with completing the paperwork.
The research shows that divorces finalised in the first quarter of 2014 on average took 23.9 weeks from initial application to the decree nisi.
However, in the three months to December 2013, the divorce process was 10% faster – and in the second quarter to September 2013, the process was 15% faster, taking just 20.8 weeks.
In divorce cases involving court proceedings with litigants in person, in the first quarter of this year to March 2014, the average time it took for a divorce to be finalised was 32.6 weeks.
Duncan Lewis Divorce Lawyers
Duncan Lewis divorce lawyers can advise on a wide range of family and childcare matters, including:
• Ancillary payments
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Duncan Lewis is a leading provider of Legal Aid services and can advise on divorce law under UK law and Islamic law.
For expert legal advice on divorce, judicial separation and childcare, contact Duncan Lewis divorce lawyers on 020 7923 4020.