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The Ministry of Justice have got big cuts to make and we have already heard that a number of courts are going to be merged or closed, but this is chickenfeed compared to what is going to be needed to meet the coalition targets.
Legal Aid has not been protected and therefore this is going to be high on the list of the MOJ’s targets in my view.
Private family matters are going to be a prime target and in my view the Government are going to look very closely at whether the state should continue to fund uncontested divorce on Legal Help, now that there are a plethora of places that low income divorcees can get their uncontested divorce papers dealt with.
There is no reason why the same solicitor has to deal with an uncontested divorce as well as financial matters and children. They can in my view be dealt with separately. In that the petitioner can deal with the divorce paper work themselves with the solicitor giving guidance as to the ancillary relief and children matters under the main legal aid certificate. they would obviously have to give advice as to the timing of the filing of the decree absolute for instance but that could be dealt with under the main certificate.
At present a Solicitor receives £162.00 fixed fee for dealing with an uncontested divorce.
Online there are services offering what is essentially the same form filling exercise for £69.00 surely it would make sense for the Government to go to one of these providers and say tender for this work please. This would mean that all legal help undefended divorce cases would be dealt with online, giving the MOJ a significant saving.
Or the Government could simply say, we are not funding this at all as the cost of undefended divorces has dropped to such a significant degree that it would make more sense for the private sector to compete and provide this service.
My personal view is that the market can compete for this work.
Of course court fee remission would still apply for the court fees and any financial matters or children matters could be dealt with under a legal funding certificate.
Either way, the Government can now make significant savings by taking undefended divorce out of the legal aid system.

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