Family law solicitors have this week blasted government plans to reduce legal aid in family cases, arguing that they will leave vulnerable people without representation in divorce cases to the extent that they may end up losing their homes.

New regulations from the Department for Constitutional Affairs, concerning cuts to legal aid in disputes over financial issues in divorce or separation, say that where people have their own funds or could get a loan to cover the costs, they will no longer get public funding.


The new rules form part of plans to save some £56 million overall.


Legal aid minister Bridget Prentice explained: 'These regulations support our policy to target civil legal aid on the most vulnerable in society.'


But David Emmerson, head of legal aid at Resolution, said he doubted that many people would be able to get a loan to fund a divorce.


'It is very difficult to see what banking packages would be available for people on benefits or low incomes.'


Mr Emmerson added that if there was joint property at the beginning of the case, the chances were the other partner would often not agree to put it up as security.


He argued that the way forward was to increase the use of the statutory charge, as this would enable people to pay back money at the end of the case without trouble at the beginning.


Roy Morgan, chairman of the Legal Aid Practitioners Group, agreed that the charge should be revisited as the cuts would hit the most vulnerable and could impact on children who were already suffering from divorce or separation.


'This needs to be looked at very carefully,' Mr Morgan warned. 'What is an affordable loan today turns into a massive debt tomorrow and a repossession the next day.'



Peter Watson-Lee, former chairman of the Law Society's family law committee, said the plans could also cause great discrimination. 'It is more likely that the wife or mother will be disadvantaged and won't be able to get a loan, whereas the man, who is more likely to be out at work, will,' he argued. 'There will be no level playing field.'


Law Society chief executive Janet Paraskeva said: 'The limited legal aid budget must be targeted at the most vulnerable in society, and people who can afford to pay for their divorce should do so.'