Can I get legal aid?

Who can get legal aid for divorce?

Since 2013, legal aid has not been available for most divorce and family law cases. However, there are important exceptions.

You may qualify for legal aid if:

• You or your children have experienced domestic abuse from your spouse or ex-partner
• There are child protection concerns – for example, social services are involved with your children
• You need mediation to resolve disputes about finances or children
• Your child has been taken abroad without your permission (child abduction cases)
• You’re at risk of forced marriage

For most divorce cases not involving these circumstances, legal aid is not available regardless of your income.

Legal aid for domestic abuse cases

If you’ve experienced domestic abuse from your spouse or ex-partner, legal aid may be available to help with:

• Divorce proceedings
• Financial settlement negotiations
• Arrangements for children
• Protective orders (non-molestation orders, occupation orders)

What counts as domestic abuse?

Domestic abuse includes:

• Physical violence or threats of violence
• Emotional or psychological abuse
• Coercive and controlling behaviour
• Economic abuse (controlling your access to money)
• Sexual abuse

The abuse can be recent or historical – there’s no time limit on how long ago it occurred.

Evidence you’ll need

To access legal aid for domestic abuse, you’ll need to provide evidence. The list of accepted evidence has expanded in recent years and now includes:

Official records:

• Police reports, cautions, or charges related to domestic abuse
• Criminal convictions for domestic abuse offences
• Domestic violence protection notices or orders
• Court orders such as non-molestation orders or occupation orders
• Findings of fact from previous court proceedings

Professional statements:

• Letters from your GP, nurse, midwife, or health visitor
• Reports from A&E or hospital treatment
• Statements from domestic abuse support organisations
• Letters from social services
• Reports from refuge or housing support workers
• Confirmation from a MARAC (Multi-Agency Risk Assessment Conference)

Other evidence:

• Financial records showing economic abuse
• Text messages or other communications evidencing abuse

You don’t need to have reported the abuse to the police. Medical evidence or support organisation statements are equally valid.

Financial eligibility

Even if your circumstances qualify you for legal aid, you must also meet financial eligibility criteria.

Income limits

As of April 2025:

• Gross monthly income must not exceed £2,657 (higher if you have more than four dependent children)
• Disposable monthly income must not exceed £733
• Disposable capital must generally not exceed £8,000

What counts as income and capital?

Income includes:

• Wages and salary
• Benefits (some are excluded)
• Pensions
• Partner’s income (if you have a new partner, not the ex-partner you’re divorcing)

Capital includes:

• Savings
• Investments
• Property equity (excluding your main home in some circumstances)

Automatic eligibility

If you receive certain benefits, you automatically meet the financial eligibility test:

• Universal Credit (with certain conditions)
• Income Support
• Income-based Jobseeker’s Allowance
• Income-related Employment and Support Allowance
• Guarantee Credit element of Pension Credit

Legal aid for mediation

Even without domestic abuse, legal aid may cover family mediation if you meet the financial criteria.

Mediation can help you reach agreement about:

• How to divide finances and property
• Arrangements for children
• Other practical matters

The first step is a Mediation Information and Assessment Meeting (MIAM), which may also be covered by legal aid.

If you qualify for legal aid for mediation, your ex-partner’s mediation costs are also covered – even if they don’t qualify for legal aid themselves.

How to apply for legal aid

Step 1: Check your eligibility

Use the government’s legal aid checker for an initial assessment. This will tell you whether your situation might qualify.

Step 2: Find a legal aid solicitor

Not all solicitors offer legal aid work. You’ll need to find one who does. Our solicitor finder tool can help, or you can search the Law Society’s Find a Solicitor directory and filter for legal aid providers.

Step 3: Gather your evidence

If you’re applying based on domestic abuse, collect as much supporting evidence as you can before your first appointment. Your solicitor can advise on what’s needed and help you obtain any missing documents.

Step 4: Complete the application

Your solicitor will submit the legal aid application on your behalf. You’ll need to provide:

• Evidence of domestic abuse (if applicable)
• Proof of income and benefits
• Bank statements and evidence of savings
• Details of any property you own

Step 5: Wait for a decision

The Legal Aid Agency will assess your application and let your solicitor know the outcome. This can take a few weeks, though urgent cases can be expedited.

If you don’t qualify for legal aid

Many people don’t qualify for legal aid but still struggle to afford legal costs. Here are some alternatives:

Reduced court fees

If you’re on a low income, apply for fee remission to reduce or eliminate court fees.

Fixed-fee legal services

Many solicitors offer fixed-fee packages for divorce applications and consent orders, making costs more predictable.

Unbundled services

Pay for specific pieces of legal work rather than full representation – for example, having a solicitor review documents you’ve prepared yourself.

Pro bono help

Some solicitors offer free advice through law centres, Citizens Advice, or pro bono schemes. Availability is limited, but it’s worth checking.

Mediation vouchers

The government offers £500 vouchers towards mediation costs for arrangements involving children. This is available regardless of income.

Family or friends

While not ideal, some people borrow from family to cover essential legal costs, particularly for consent orders that protect their long-term interests.