# 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](dv-screening-cafcass.md) 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

- [Applying for a C100](applying-for-child-arrangements-order.md)
- [Responding to a C100](responding-to-child-arrangements-application.md)
- [DV and safeguarding screening](dv-screening-cafcass.md)

*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.*