Legal aid can help cover the cost of legal advice and representation in family cases. However, eligibility is limited - here's what you need to know.
Is legal aid available for divorce?
Legal aid for divorce itself was largely removed in 2013. However, you may still qualify for legal aid if:
- You’re a victim of domestic abuse
- There’s child abuse involved
- You’re seeking protection from forced marriage
- Your case involves child abduction
- You need mediation (separate funding available)
For the divorce application itself, legal aid is generally not available. But for related matters like financial orders or child arrangements where abuse is a factor, you may qualify.
Do you qualify?
To get legal aid, you must pass two tests:
1. Means test (financial eligibility)
Your income and capital must be below certain thresholds:
| Criteria | Threshold (2024/25) |
|---|---|
| Gross monthly income | Under £2,657 |
| Disposable monthly income | Under £733 |
| Disposable capital | Under £8,000 |
Some assets are excluded from the capital test, including your main home (in most cases), household furniture, and tools of your trade.
If you receive certain benefits, you automatically pass the means test:
- Universal Credit
- Income Support
- Income-based Jobseeker’s Allowance
- Income-related Employment and Support Allowance
- Guarantee Credit
2. Merits test (case eligibility)
Your case must have sufficient merit and be within scope. For domestic abuse cases, you’ll need to provide evidence such as:
- Police report or caution
- Court order (non-molestation, occupation, restraining)
- Letter from a domestic abuse support service
- Medical evidence (doctor, nurse, or health visitor)
- Social services letter
- Letter from a refuge
What does legal aid cover?
If you qualify, legal aid can cover:
Legal help - Advice and assistance from a solicitor, but not representation in court
Family mediation - Funding for mediation sessions (separate scheme with different eligibility)
Legal representation - Full representation in court proceedings
The scope depends on your circumstances and the nature of your case.
How to apply for legal aid
Step 1: Find a legal aid solicitor
Not all solicitors do legal aid work. Use the Find a Legal Aid Adviser tool on GOV.UK or look for the Legal Aid logo.
Find legal aid solicitors
Learn more →Step 2: Gather your evidence
Before your appointment, collect:
- Proof of income (payslips, benefit letters, tax returns)
- Bank statements (usually last 3 months)
- Evidence of domestic abuse (if applicable)
- Details of your assets and debts
Step 3: Assessment appointment
The solicitor will assess your eligibility and submit the application to the Legal Aid Agency on your behalf. You’ll need to:
- Complete application forms
- Provide all requested documents
- Sign a declaration
Step 4: Decision
The Legal Aid Agency will review your application. This usually takes 2-4 weeks, though urgent cases can be fast-tracked.
Contributions
Even if you qualify for legal aid, you may have to pay a contribution based on your income or capital:
Income contribution - If your disposable income is between £316 and £733/month, you’ll pay a monthly contribution throughout your case
Capital contribution - If your disposable capital is between £3,000 and £8,000, you may pay a one-off contribution
The statutory charge
The statutory charge means legal aid isn’t always “free” - it can be more like a loan secured against your settlement. The first £3,000 of any property settlement is exempt.
Your solicitor must explain this to you before your case proceeds.
What if you don’t qualify?
If you don’t qualify for legal aid, you still have options:
Pro bono services
Some organisations offer free legal help:
- LawWorks - Free legal clinics
- Citizens Advice - Free advice on family matters
- Rights of Women - Free legal advice line for women
Reduced-cost options
- Law school clinics - Free advice from supervised law students
- Fixed-fee services - Predictable costs for straightforward matters
- Unbundled legal services - Pay only for specific help you need
- Mediation - Often cheaper than solicitors and court
Exceptional case funding
In rare circumstances, you may get legal aid even if your case is normally out of scope. This applies if refusing legal aid would breach your human rights. It’s difficult to obtain but worth discussing with a solicitor.
Legal aid for mediation
Legal aid for family mediation has different (more generous) eligibility rules:
- The means test thresholds are slightly higher
- Both parties can qualify, even if only one receives legal aid
- The mediator applies for funding on your behalf
If you qualify for mediation legal aid, you’re also entitled to:
- Legal Help to support you through mediation
- Advice on any agreement reached
Frequently asked questions
Can I get legal aid if my ex is abusive but I have no evidence?
You may still be able to get evidence. Speak to your GP, contact a domestic abuse helpline, or report to the police. A legal aid solicitor can advise on what evidence is acceptable.
My income is too high but I can’t afford a solicitor
Legal aid has strict thresholds that don’t account for high living costs. Consider fixed-fee services, payment plans, or unbundled legal help as alternatives.
Does my partner’s income count?
If you’re still living together, your partner’s income and capital is usually included in the assessment. However, this doesn’t apply if you’re the victim of domestic abuse by that partner.
Can I switch from private to legal aid?
Yes, if your circumstances change (e.g., you lose your job), you may become eligible. Discuss this with your solicitor.
What if I’m refused legal aid?
You can appeal the decision within 14 days. Your solicitor can help with the appeal if there are grounds to challenge it.
Next steps
Related guides
- Find a legal aid solicitor - Search for firms accepting legal aid
- Divorce costs explained - Full breakdown of what divorce costs
- Mediation - Often funded by legal aid
- Domestic abuse support - Help and resources