| | | You are here: Home >> Press Section >> Recession drives couples to seek legal-aid divorce | | | | Recession drives couples to seek legal-aid divorce | | Reproduced from The Irish Independent | | | | By Linda Daly, Sunday October 4th 2009 | | | CASH-STRAPPED couples hit by the recession are turning to the Legal Aid Board and DIY methods to complete their divorce and separation agreements. Many are also finding themselves unable to pay the high legal bills they ramped up in better economic times.
The Legal Aid Board has revealed that it has seen an increase of 27 per cent in applications in the first six months of 2009. Divorce, separation and nullity (annulment) cases tend to account for about half of the cases processed by the board.
Colm O'Connor of the Legal Aid Board says: "The growth of those in unemployment, and in more difficult financial circumstances generally, is the main factor in the increasing demand for our services."
Those with a disposable income of less than €18,000 qualify for legal aid. While this figure may seem low, allowances are made for expenditure in areas such as accommodation, child care and for family dependents.
Meanwhile, many parties are also trying to avoid high legal fees by taking the DIY approach when going down the separation and divorce route.
Peter Ryan, owner of DIY Divorce Ireland, says there has been an increase in people approaching the company to carry out their own divorces over the past month or so. Some are leaving their solicitors to carry out the process themselves, he says.
"I have had three people come in this week to get away from solicitors. They're still going to be faced with bills, and I warn them about that. However, one person came to me this week who was three-and-a-half years getting a judicial separation."
Mr Ryan set up his company, which also covers judicial separations and separation agreements, after he represented himself in his own divorce proceedings. He says the reason many people take the DIY route is to avoid high legal fees and to have more control over the process.
Divorces in Ireland generally take place in the circuit court, but those with assets exceeding €3m can apply to transfer it to the High Court.
Women tend to be the main applicants for divorces in Ireland, with some 2,462 cases initiated by wives in the Circuit Court in 2008, compared with 1,752 initiated by the husband.
Earlier this year, Family Law Matters, a publication by the Courts Service, reported a case that had been going on since 1998, where a husband continued to delay paying the money owed to his wife.
Gillian O'Mahony, family law solicitor, with Lynch and Partners law firm says that while some people are finding it hard to raise funds to discharge their family law fees at present, legal fees aren't the only contentious issue for divorcing or separating couples.
"The problem that has emerged now is that parties might have agreed to sell their house and distribute the proceeds in a certain way. However, they are unable to sell their properties now, or the properties have gone down in value."
The Courts Service is currently preparing a booklet containing general information on divorce, separation, custody and access. It will also include up-to-date information on the administration of maintenance payments, and will publish a booklet for lay litigants in divorce and separation cases.
- Linda Daly
Sunday Independent | | | | |  For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
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