Divorcing husbands and wives are at risk of being fleeced because they cannot afford a lawyer, a legal expert warned today.
Marilyn Stowe said legal aid cuts mean people with little understanding of the courts are being forced to represent themselves against lawyers.
With women at greater risk of losing professional legal help, Ms Stowe told the Standard the country was set for “lots and lots of injustices”.
Ms Stowe, who advised the Law Commission on reforms to the legal system, spoke out as changes to family justice come into force in England and Wales. As part of its reform programme the Government is seeking new guidelines to make divorce proceedings easier to understand.
Ms Stowe said: “This position has arisen as a consequence of the abolition of legal aid and the fact that there are now so many non-represented litigants appearing before the courts. But what’s clear to a trained lawyer is clear as mud to an everyday person.” She added: “If you remove the lawyers and the ability to interpret the law you have to try and make it easier to understand for the people taking part.”
Legal aid is now no longer available for most divorce cases due to spending cuts which see money restricted to a few high priority cases.
It mean divorcing wives and husbands face either a costly legal bill to pay for a lawyer, or the daunting prospect of representing themselves for those without the funds.
Ms Stowe, who runs her own law firm, added: “I find it shocking because I think the cornerstone of this country is access to justice.
“I have real concerns for people, that there are going to be lots and lots of injustices and its always going to affect the poorer party in the relationship.”
But the Ministry of Justice said guidance to clarify divorce proceedings would prove useful for lawyers and the judiciary, as well as people representing themselves.
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A spokesman said there had always been a significant number of people self-representing for whom the Government had provided guidance.
They added that the Government was committed to making sure more people use mediation rather than go through “confrontational and stressful” court cases.
Legal aid remains available for family mediation and for legal advice to support it, he said.
Reforms coming into force today will create a new Family Court which aims to streamline family proceedings, making them more focused on children’s needs rather than parents’ rights.
