I recently applied for legal aid for a matrimonial client who had been driven out of the matrimonial home by her husband. The calculation appeared to show that she was within the financial limits, but on receiving a refusal on the grounds of excess capital, I asked for clarification. It appears that the normal exemption for main dwelling does not apply.


Since my client had been negligent enough to allow herself and her children to be driven out of her home, she has suffered the additional hardship of being rendered ineligible for legal aid. This is an excellent result for both the husband and the Treasury, but not quite so good for the wife and her children.



RJ Ilersic, Wartnabys, Market Harborough, Leics