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Written Question
Divorce: Legal Opinion
Wednesday 23rd December 2020

Asked by: Robert Neill (Conservative - Bromley and Chislehurst)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential merits of improving early legal advice for divorcing couples to help reduce pressure on family courts.

Answered by Alex Chalk

We spent £1.7bn in 2019 on Legal Aid to ensure vulnerable people have access to proportionate legal advice and support and that we minimise the burden on courts and tribunals.

Legal aid is available for private family matters where an applicant is a victim of, or at risk of being a victim of domestic abuse or child abuse, subject to the means and merits criteria. The Exceptional Case Funding scheme provides legal aid in cases which fall out of scope. It provides legal aid where without it there would be a breach, or risk of a breach of, human rights, subject to the statutory means and merits test.

But legal aid is only one part of a broader picture. As set out in our Legal Support Action plan, there are other forms of support that can help people overcome their problems, such as legal information, guidance and signposting so that everyone can access justice in a way that best meets their needs.

In April we also launched the new, two-year, £3.1m Legal Support for Litigants in Person Grant, which is designed to fund services provided at local, regional and national levels with the aim of understanding more about how they can combine to help people. This new grant funding is in addition to the more than £9m that the MoJ has invested in support for litigants in person since 2015 through our existing Litigants in Person Support Strategy.

Her Majesty’s Courts and Tribunals Service has established 17 Nightingale courts across England and Wales, providing 32 additional court rooms, and are recruiting more staff.

Judicial sitting days in the family court have been increased and approximately £3.5m additional funding has helped Cafcass increase staffing levels to respond to record levels of open cases.


Speech in Commons Chamber - Tue 08 Dec 2020
Oral Answers to Questions

"Can I welcome the tone of my right hon. and learned Friend’s statement and his very clear commitment to supporting the independence of the judiciary? That is an absolute and fundamental principle of our constitution, and should never be undermined by anyone. Can I also welcome the terms of reference …..."
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Speech in Commons Chamber - Thu 03 Dec 2020
Courts and Tribunals: Recovery

"I thank the Lord Chancellor for his statement and welcome what he has said. I and the other members of the Justice Committee certainly wish to join in the tributes that have been paid to the hard work of all those involved in the Courts Service and the broader justice …..."
Robert Neill - View Speech

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Speech in Commons Chamber - Tue 24 Nov 2020
Private International Law (Implementation of Agreements) Bill [Lords]

"I am very grateful to the Minister for giving way so early on in his speech. As he will know, I have to chair the Justice Committee in a few moments, but may I thank him for stressing the importance of this not just for the big financial institutions and …..."
Robert Neill - View Speech

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Speech in Commons Chamber - Tue 03 Nov 2020
Oral Answers to Questions

"I welcome what the Lord Chancellor said about defending the legal profession and I join him in that. It is an honourable profession and I have always found that those I dealt with at the Bar and solicitors generally left their politics behind when they went to argue the case …..."
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Speech in Westminster Hall - Thu 22 Oct 2020
Ministry of Justice: Legal Aid Spending

"I beg to move,

This this House has considered the spending of the Ministry of Justice on legal aid.

It is a pleasure to see you in the Chair today, Mr Robertson, and to move this motion on behalf of my colleagues on the Select Committee on Justice, which I …..."

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Speech in Westminster Hall - Thu 22 Oct 2020
Ministry of Justice: Legal Aid Spending

"Even I can’t be that short...."
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Speech in Westminster Hall - Wed 14 Oct 2020
Lord Chancellor’s Oath and the Rule of Law

"It is a pleasure to see you in the Chair again, Mr Twigg, and to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry). I have great respect for her as a lawyer; we do not always agree in our political views, but I take seriously what …..."
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Speech in Westminster Hall - Wed 14 Oct 2020
Lord Chancellor’s Oath and the Rule of Law

"Lord Faulks is a fellow bencher of the Middle Temple and a distinguished lawyer. That does not mean that one always has to agree with everything that he says. It would not be fair or reasonable to judge somebody by past comments until we have seen the results of the …..."
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Speech in Commons Chamber - Tue 06 Oct 2020
Private International Law (Implementation of Agreements) Bill [Lords]

"We have had a constructive set of debates on the Bill, and I pay tribute to all Members for the approach that has been adopted. I pay particular tribute to the skill and elan with which the Minister has steered the Bill through the House: he is a credit to …..."
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View all Robert Neill (Con - Bromley and Chislehurst) contributions to the debate on: Private International Law (Implementation of Agreements) Bill [Lords]