Couples opting for 'friendly divorce' may get legal aid
Legal aid may be given to couples who choose to conduct their divorce through mediation if a three-year pilot scheme proves effective, a family judge said yesterday.
Mr Justice Michael Hartmann, chairman of a committee organising the trial, said it was possible the scheme would be shortened and more money added to the initial $6 million.
The start of the scheme was postponed last month because of funding complications. A launch date has not been decided.
The scheme aims to promote a mediation process for divorcing couples with the aim of saving time and money and avoiding bitter child-custody battles and wrangles over assets. At present there is no legal aid provision for mediation so the Government has to fund the project through the Judiciary.
'Hopefully, if the scheme works, the legislators will look at the result of the scheme, so legal aid will get assistance from that,' said Mr Justice Hartmann.
'If the scheme looks really good and demand is rising, I'm sure the Government will be aware of that.' The committee is working on lump-sum payments for voluntary agencies that provide a mediation service.
It is expected to deal with about 1,000 couples.
Qualified mediators, mostly from the social service sector, will help couples draw up agreements that will be used in court by lawyers for endorsement.
Among the 40 mediators available, 70 per cent work for voluntary agencies, 20 per cent are from the private sector and 10 per cent are from the Social Welfare Department. Private sector services charge about $1,000 to $2,000 per hour.
A Judiciary spokesman said: 'We are in the process of arranging funding and looking at fee variations.
'Some mediators will charge a certain fee, but the free service at the Social Welfare Department is bound to see a long queue.
'It is hoped that the couples will not need to pay for the service, which is now free in the agencies, but there is no decision yet.' The Hong Kong Catholic Marriage Advisory Council, which tries to save troubled marriages, has been funded by the Jockey Club since 1988. It said a lack of resources meant it could not cope with increased demand for its services without government help.
