Divorce Guide

Divorce Guide


Legal aid in Scotland


Divorce in Scotland is settled on the basis of the immutable disintegration of nuptials. When the two believe that there is no future scale at all, the court allows the petition for divorce. Scottish law is set out in the Divorce (Scotland) Act 1976.

Before knowing about the legal aid in Scotland, we must know what does it mean actually? Legal aid, in simple words, means when government endows financial legal aid to you, when you are not capable to afford it. But this backing is cause to undergo the proof and merit of your case. It may also be possible that you may need to pay the contribution or the entire amount once your case is refined and you receive money from settlement. The government provides sponsorship only in case of your legal disability. Therefore, availing legal aid is a complex and tedious process. Legal assistance is provided with regard to your income limits.

There are advice and assistance schemes which allow people with income disability to avail free legal guidance from solicitors. However, the scheme does not cover payment for the representation of the lawyer at court. The law is subject to exception, where in some special circumstances it may also cover their representation in the court. The advice and assistance covers a wide range of issues, all of which should certify the condition of being in the Scottish Law.

There is yet another financial aid you can avail, known as the civil legal aid. Getting civil legal aid also depends on whether the Scottish Legal Aid Board is of the same mind that it is rational to go to court to chase or to defend your case. In order to avail the civil legal aid, your capital and savings should not be more than a certain amount. The following table shows your eligibility for availing the civil legal aid:

Yearly disposable income from 7.4.09 Eligibility Criteria
Over £25,000 Not eligible
Over £3,355 and below £25,000 Eligible - contribution payable
£3,355 or less Eligible - no contribution payable

As far as savings are concerned, there is also a fixed amount that your savings must not exceed to avail the civil legal aid. Your savings should not be more than £12,439.


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