Legal Aid in Family Law: Who Still Qualifies and How to Apply

Last reviewed: 31 August 2026. Informational only — not legal advice.

The short version

Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), most private family law — divorce, child arrangements, financial disputes — is outside the scope of legal aid. But important routes remain open, especially where domestic abuse or child-protection issues are involved. Many people who qualify never apply because they assume there is nothing available.

What is still in scope

In scope (subject to means and merits tests):

Child protection/public law: care or supervision proceedings brought by a local authority — parents are automatically eligible (non-means tested for legal representation in care proceedings).
Domestic abuse cases: injunctions (non-molestation, occupation orders), and children or financial proceedings where you are a victim of domestic abuse and provide prescribed evidence.
Child abduction: cases under the Hague Convention / abduction proceedings.
Family mediation: legally aided mediation is available (means-tested) even when court representation is not — including MIAMs and mediation sessions.
Forced marriage protection orders and some cases involving a child at risk of abuse.

Generally out of scope: routine divorce proceedings, most private child arrangement applications without DV evidence, most financial remedy cases (except where DV evidence or exceptional funding applies).

The evidence gateway for DV cases

To get legal aid for children or money proceedings you must supply evidence of domestic abuse from a prescribed list, including:

A conviction or caution for a DV offence against you (within the last 5 years)
Ongoing criminal proceedings for such an offence
A protective injunction (current or within 5 years)
A police bail / Domestic Violence Protection Notice or Order (within 25 months)
A letter from a doctor, nurse, midwife or psychologist confirming examination and disclosures (within 6 months)
A refuge letter / DV support organisation letter confirming residence or support (within 24 months)
A letter from social services confirming assessment/ involvement (within 24 months)

See the DV screening guide for how these allegations play out in court.

The means and merits tests

Means: income and capital assessed. Passporting applies if you receive certain benefits (Universal Credit with nil/disregarded income, Income Support, income-based JSA/ESA, pension credit). Otherwise your gross income and capital are assessed against thresholds — a partner's income counts unless you are separated.
Merits: the Legal Aid Agency checks whether your case has reasonable prospects and whether legal aid is proportionate.

Apply through a legal aid family solicitor — find one via the GOV.UK "Find a legal aid adviser" tool. The solicitor submits the application and evidence for you.

Exceptional case funding (ECF)

If your case is out of scope but refusing legal aid would breach your human rights (e.g. effective participation, or risk to life), you can apply for ECF. Approval rates are lower and applications take paperwork and persistence — but they succeed in appropriate cases, especially where a party cannot otherwise participate in proceedings. Ask a solicitor or law centre to assess this for you.

Free alternatives if legal aid isn't available

Support Through Court — free volunteers who guide you through process and paperwork.
Family Court Support Volunteers (FCSC) — similar support in many courts.
LawWorks clinics / local law centres — free initial legal advice.
Citizens Advice — general family law information and referrals.
Fixed-fee consultations — many family solicitors offer a one-off review of your case for a flat fee; spend your money here rather than on full representation you cannot afford.
McKenzie Friends — lay assistants who can accompany and quietly advise you in court (cannot address the court except with permission). Some charge; vet carefully.

Related guides

Sources: LASPO 2012; Civil Legal Aid (Procedure) Regulations 2012; Ministry of Justice legal aid guidance. Thresholds, evidence windows and fees change — check GOV.UK and the Legal Aid Agency before relying on this.