Article originally published in March 2013
- Divorce is 9% of salaries of poorest households versus 3.3% for most affluent
- Fears that legal aid cuts will force poorest into ‘DIY divorces’
The removal of legal aid for divorce cases – due to come into effect on April 1 – will hit the UK’s poorest households almost three times harder than people in the richest parts of the country, according to research by family law firm Stephensons.
The Government is cutting legal aid for much of family law at the end of this month as part of spending reductions. As a result, divorce, along with some other areas, will not be eligible for legal aid, leaving poorer people to pay the entire cost themselves.
According to the Legal Ombudsman, the average cost of a divorce is £1,300, or 9% of the average yearly income in Dwyfor Meirionnydd in North Wales, the UK constituency with the lowest average salary.
By contrast, £1,300 is equal to just 3.3% of the average annual income in Westminster North, which has the UK’s highest average salary, according to the Office for National Statistics.
The data show how the cuts to legal aid will disproportionately affect poorer households, many of whom will be faced with a choice of either spending almost 10% of their annual income on divorce, or remaining married.
To help people likely to be affected by the legal aid changes. Stephensons, which handles 10,000 family law cases a year, is making tailored provisions, including:
- Fixed-fee services, so people know how much specialist legal advice will cost up front; and
- A flexible ‘pay as you go’ service, allowing families to pay only for the advice and representation they need, and nothing extra.
Mike Devlin, managing partner of Stephensons’ family law team, said: “The cuts in the legal aid budget are designed to save the Government money but what they will do instead is make the poorest even worse off as they spend an even larger share of their income on a divorce.
“Legal aid is there for a reason. It helps vulnerable people to get access to expert legal advice at some of the most sensitive and traumatic times of their lives. Some firms, like ours, are making changes to support those who will lose legal aid for areas like divorce, but some people will now not be able to afford the expert legal advice they need.
“The danger of this is that vulnerable people will be pushed towards the cheapest possible option, like DIY divorces. This can create confusion and, in the worst cases, even more trauma, not least because these kind of ‘off-the-shelf’ divorces often don’t take care of financial or childcare issues.”
Nine of the top 10 parliamentary constituencies with the lowest average salaries are in the North of England or Wales, according to the ONS. A divorce costing £1,300 would be 5% of the average UK salary of £26,500.
Legal aid makes specialist lawyers available to families who cannot afford professional advice. Areas which will be affected by the looming cuts to the legal aid budget, which take effect on April 1, include cases involving children, separating couples, parents in adoption cases and contact proceedings. Cases involving domestic abuse will still be covered by funding.
The 10 parliamentary constituencies with the lowest average salaries
Dwyfor Meirionydd; Blackpool South; Kingston upon Hull East; Blackley and Broughton; Blackburn; Sheffield Brightside and Hillsborough; Liverpool Walton; Rotherham; Kingston upon Hull West and Hessle