Can I get legal aid for a family court case

For most family court cases — including ordinary child arrangements disputes and financial remedy proceedings — legal aid is not available. But there is an important exception: if you have evidence of domestic abuse, or your child is at risk of abuse from the other party, legal aid can cover your family court case even where it otherwise wouldn't. You also need to pass a means test based on your income and savings, unless you're applying for an injunction such as a non-molestation order, where the means test is less strict.

What types of family case can legal aid actually cover?

1. Cases involving evidence of domestic abuse — this can include child arrangements disputes, financial remedy proceedings, or divorce, provided you can show evidence you meet the criteria below.
2. Cases where a child is at risk of harm or abuse from the other party involved.
3. Protective injunctions — applying for a non-molestation order or occupation order, where the means test is more relaxed given the safety issue involved. See our guide on what is a non-molestation order and what is an occupation order.
4. Care proceedings, where a local authority has started proceedings about a child — parents and those with parental responsibility are automatically entitled to legal aid here regardless of income.
5. International child abduction cases, including applications to prevent a child being wrongfully removed from the UK, or to secure their return.
6. Forced marriage or female genital mutilation protection cases.
7. "Exceptional case funding" — a difficult-to-obtain category for cases where refusing legal aid would breach your human rights, for example because the case is unusually complex or you have a particular difficulty representing yourself. This route is genuinely hard to succeed with and usually needs a solicitor's help just to apply.

Outside these categories — most straightforward divorces, financial settlements without an abuse history, and most child arrangements disagreements — legal aid is not available, which is exactly the gap this product exists to help with.

What counts as acceptable evidence of domestic abuse?

The list of accepted evidence was widened in recent legal aid reforms, and no longer requires a formal police report or conviction. Acceptable evidence can include:

1. A non-molestation order, occupation order, or other protective injunction made against the other party.
2. A letter from a GP, midwife, nurse, or other medical professional confirming signs consistent with abuse.
3. A letter or report from a social worker, domestic abuse support service, or refuge confirming your circumstances.
4. Evidence from a Multi-Agency Risk Assessment Conference (MARAC).
5. A criminal conviction or ongoing prosecution against the other party for a relevant offence.

There is no longer a requirement that the abuse must have happened within the last 24 months, which used to exclude some genuine cases.

How does the means test work?

Your income, savings, and any assets — including your home — are assessed to determine whether you qualify financially. There are two important exceptions worth knowing:

1. If you're at immediate risk of harm, legal aid can be granted urgently before the full financial assessment is complete, with the position reviewed retrospectively.
2. If you already receive certain means-tested benefits — such as Universal Credit, Income Support, or income-related ESA — you may automatically pass the financial eligibility test.

You can check your likely eligibility using the GOV.UK legal aid checker before approaching a solicitor.

How do I actually apply for legal aid?

1. Find a solicitor who does legal aid work. Not every family solicitor offers this — you'll need to check specifically, or search the Legal Aid Agency's directory of legal aid providers.
2. Book an initial consultation to discuss whether your case fits one of the categories above.
3. Gather your documents — payslips, benefit letters, evidence of savings, and whichever form of domestic abuse evidence applies to your situation.
4. Your solicitor submits the application to the Legal Aid Agency on your behalf, including the supporting evidence.
5. If urgent, ask about emergency funding, which can sometimes be granted before your full application and financial checks are complete.

What if I don't qualify for legal aid at all?

You still have options short of paying full private solicitor fees:

1. A duty adviser scheme. Some family courts have a scheme where a solicitor or barrister gives brief, free advice on the day of a hearing.
2. Citizens Advice or a local law centre for general guidance, though they cannot represent you in court.
3. The Personal Support Unit, which provides non-legal, practical support at some court centres.
4. Unbundled or limited-scope legal help — some solicitors and barristers (through direct access schemes) will help with a single document or hearing without taking on your whole case, which costs far less than full representation.

Working out whether your situation meets the legal aid criteria, and gathering the right evidence, is genuinely confusing without help. Access to Justice is built for people in exactly this position — it explains the process in plain English and helps you understand what applies to your case. Try it free.

Frequently asked questions

Do I need a solicitor to apply for legal aid, or can I apply myself?

In practice, you need a solicitor who does legal aid work to submit most applications, since they must certify the case meets the funding criteria and handle the paperwork through the Legal Aid Agency. Not every family solicitor offers legal aid work, so you may need to check specifically, or search the Legal Aid Agency's directory of providers.

Will my ex-partner find out I've applied for legal aid?

No. Your legal aid application itself is confidential, and the other party is not automatically informed that you have applied. If you have particular concerns about your safety, or about information reaching the other party during your case, it is worth raising those directly with a solicitor or a domestic abuse support service when you apply.

Does legal aid cover the whole case, or just part of it?

This depends on your circumstances — it can cover all or part of your legal costs. In some cases you may need to make a monthly contribution, or repay some costs later, particularly if you have property assets. A solicitor who does legal aid work can explain what your likely contribution, if any, would be before you commit.

Can I get legal aid just because I can't afford a solicitor, without evidence of abuse?

Generally no, for most private family disputes — financial ineligibility alone is not enough. The case usually needs to fall into one of the specific categories, most commonly domestic abuse or risk to a child, alongside meeting the means test.

What if my abuse happened a long time ago — does that rule me out?

No. Recent changes removed the previous 24-month time limit on evidence of domestic abuse, so older evidence can still support an application. That time limit used to exclude some genuine cases. What matters now is whether you can provide one of the accepted forms of evidence, not how recently the abuse occurred.

Is legal aid available for financial remedy proceedings specifically?

Only where you also meet the domestic abuse or child-risk criteria above. A financial dispute alone, without evidence of abuse, does not usually qualify. Financial remedy proceedings can be covered where there is evidence of domestic abuse, in the same way as a child arrangements dispute, provided you also pass the means test.

What's the difference between legal aid and a "no card required" free trial of a product like this one?

Legal aid is government funding for a solicitor's fees, decided against strict eligibility criteria. Access to Justice is a separate, self-guided information and support tool available to anyone regardless of legal aid eligibility. The two are not alternatives to each other — you can use this tool whether or not you qualify for legal aid, and whether or not you also have a solicitor.

This article provides legal information about legal aid for family court cases in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.