Key facts
- General rule
- Legal aid not available for most divorces
- Key exception
- Domestic abuse cases
- Financial test
- Income and capital limits apply
- What's covered
- Mediation always; legal advice/representation in specific cases
The current position
Since 2013, legal aid has not been available for most private family law matters, including:
- Divorce applications
- Financial settlements
- Most child arrangement disputes
However, legal aid is still available in certain circumstances. The main exceptions relate to domestic abuse and child protection.
When legal aid is available
Domestic abuse cases
If there’s evidence of domestic abuse, legal aid may be available for:
- Financial remedy proceedings (dividing assets)
- Child arrangements disputes
- Applications for protective orders
“Domestic abuse” includes physical violence but also emotional, psychological, financial, and coercive control.
Evidence required
To qualify on domestic abuse grounds, you’ll typically need evidence such as:
- A relevant police caution or conviction
- A domestic violence protection notice or order
- A relevant court order (non-molestation, occupation, restraining)
- Letter from a domestic abuse support service
- Letter from your GP or health professional
- Evidence from social services
- Report from a domestic abuse support organisation
The evidence must usually be dated within the last 5 years.
Child protection
Legal aid is available if your case involves local authority care proceedings or child protection concerns.
International child abduction
Cases involving children being taken abroad or retained abroad against court orders.
Cases with a significant international element
Some cross-border family disputes.
Financial eligibility
Even if your case qualifies, you must also pass financial tests:
Income
Your gross monthly income must be below certain thresholds. As a rough guide, if your household income is above approximately £2,657 gross per month, you’re unlikely to qualify – though this varies depending on your circumstances and dependants.
Capital
Your capital (savings, property equity, valuable possessions) must also be below certain limits – broadly around £8,000, though the family home may be treated differently.
Contributions
If you’re just below the thresholds, you might qualify for legal aid but have to pay a contribution towards your legal costs.
Check your eligibility
Use the government’s online calculator: www.gov.uk/check-legal-aid
This gives an indication but not a definitive answer. A legal aid solicitor can assess your eligibility properly.
What legal aid covers
If you qualify, legal aid can cover:
- Advice from a solicitor
- Representation in court
- Mediation (always covered for those who qualify financially, regardless of domestic abuse)
- Emergency protective orders
Mediation
Legal aid for mediation is more widely available than for other legal help. If you qualify financially, your MIAM (Mediation Information and Assessment Meeting) and mediation sessions can be funded by legal aid – and this applies even without evidence of domestic abuse.
If one person qualifies for legal aid for mediation, the other person’s mediation costs may also be covered.
How to apply
You can’t apply for legal aid directly. Instead:
Find a legal aid solicitor – use the government’s search tool at find-legal-advice.justice.gov.uk
Contact them – explain your situation and ask if they think you might qualify
The solicitor assesses eligibility – they’ll need documents about your income, capital, and (if relevant) evidence of domestic abuse
Application is made – the solicitor applies to the Legal Aid Agency on your behalf
Decision – if approved, your legal costs are covered (possibly with a contribution from you)
Emergency legal aid
In urgent situations (for example, if you need an emergency protective order), solicitors can grant emergency legal aid and confirm eligibility afterwards. Don’t let worries about legal aid stop you seeking urgent help.The statutory charge
An important catch: if you receive legal aid and then “recover or preserve” money or property in your case, you may have to repay some or all of the legal aid costs from that.
This is called the “statutory charge.” It effectively means legal aid is more like a loan than a grant in cases where you end up with assets.
The family home may be exempt from the statutory charge in some circumstances, and there are ways to manage this. Your solicitor should explain how it might affect you.
If you don’t qualify for legal aid
Many people don’t qualify for legal aid. Alternatives include:
Help with court fees
Even if you don’t get legal aid, you might qualify for help with court fees (a separate scheme). Check at www.gov.uk/get-help-with-court-fees
Fixed-fee solicitors
Many solicitors offer fixed-fee packages that are more affordable than hourly billing.
Mediation
Often cheaper than solicitor negotiations or court.
Unbundled services
Pay for only the specific help you need, rather than full representation.
Pro bono help
Some areas have free legal clinics. Ask your local Citizens Advice or law centre.
Direct access barristers
Can sometimes be more cost-effective for specific hearings.
Representing yourself
Not ideal, but possible in some circumstances. See our guide to representing yourself.
Special rules for children cases
Before applying to court about children, you must normally attend a MIAM (Mediation Information and Assessment Meeting) – unless exemptions apply.
If you qualify financially for legal aid, the MIAM is free.
The Family Mediation Voucher Scheme provides up to £500 towards mediation costs for children cases, regardless of income. This isn’t legal aid but is government-funded.
The Legal Aid Agency data breach (2025)
In April 2025, the Legal Aid Agency experienced a cyber security incident. If you applied for legal aid between 2010 and 2025, your personal data may have been affected. Check the Legal Aid Agency website for updates and guidance.
Don't assume you won't qualify
Many people assume they won’t qualify for legal aid without checking. If you’re on a low income and there’s been domestic abuse, it’s worth getting a proper assessment from a legal aid solicitor.Getting started
If you think you might qualify for legal aid:
- Use the government eligibility checker as a first step
- Find a legal aid family solicitor in your area
- Contact them for an initial assessment
- Gather evidence of domestic abuse (if relevant)
- Gather financial information
Even if you don’t qualify for legal aid, the solicitor may be able to suggest other affordable options.
Find a legal aid solicitor
The government's search tool lets you find solicitors who do legal aid family work in your area.
Search for solicitors →