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Is Legal Aid Available for Family Law Matters?

Is Legal Aid Available for Family Law Matters?
In: Family

When dealing with family law issues such as divorce, child arrangements, domestic abuse, or financial settlements, understanding your options for legal support is essential. Legal Aid is a government-funded scheme that helps people who cannot afford legal advice and representation, but it is only available in specific circumstances.

This article explains what Legal Aid is, when it is available for family law matters, the types of cases it can cover, and what evidence you may need to qualify. It also outlines how to apply and how to find a family solicitor who offers Legal Aid services.

Legal Aid is a government-funded scheme that helps cover the cost of family mediation, legal advice, and representation at court or tribunal hearings. In England and Wales, it is administered by the Legal Aid Agency and is available for both civil and criminal matters.

Whether you can get Legal Aid depends on several factors. There are usually three main considerations:

  • Scope: Your case must fall within the types of legal issues that Legal Aid can cover.
  • Means test: Your financial situation, including your income, savings, and any property you own, will be assessed to determine if you qualify.
  • Merits test: This checks whether your case has a reasonable chance of success, whether the costs are justified, and whether there is clear benefit to you.

Legal Aid can be especially helpful if you have a family law problem, such as making arrangements for your children after separation, reaching a financial settlement during divorce, or dealing with domestic abuse.

Since changes to the law in 2013, it has become more difficult to qualify for Legal Aid, but support is still available for certain cases and for people who meet the financial and legal criteria. A family law solicitor can help you understand if you are eligible and guide you through the application process.

There are different types of Legal Aid available for family law matters, and each has its own rules about who can qualify and which cases are covered. Understanding these categories can help you work out whether you might be eligible for help with your legal fees.

Below, we explain the main types of Legal Aid available in family law, including what cases they cover and the eligibility tests involved.

Before you can apply for Legal Aid, the first step is to check whether your family law issue is within scope.

In general, Legal Aid is still available for public family law cases, such as care proceedings or situations involving local authorities and children. For private family law matters, Legal Aid is usually only available where there is evidence of domestic abuse or a risk of child abuse.

You may be able to get Legal Aid for family law issues such as:

If your case involves a child who is at risk of harm from the other party, you may also be eligible for Legal Aid. The Legal Aid Agency requires specific evidence to prove this risk, such as:

  • Arrests, cautions, or convictions for child abuse offences
  • Ongoing criminal proceedings for child abuse
  • Findings of fact in court confirming abuse
  • Protective orders against the other party
  • Letters from social services confirming assessments, child protection plans, or other safeguarding measures

Since the law changed in 2013, fewer family cases automatically qualify for Legal Aid, so it is important to check your eligibility.

If your case is not usually covered but is particularly serious or complex, and you cannot represent yourself, your solicitor may be able to apply for Exceptional Case Funding on your behalf.

Most family law Legal Aid is offered on a means and merits tested basis. This means that the Legal Aid Agency will assess both your financial situation and the strength of your case before deciding if you qualify.

Cases where means and merits tests apply

You may be able to get Legal Aid if your case involves:

  • Applications under the Children Act 1989 (such as child arrangement orders, prohibited steps orders, specific issue orders, parental responsibility orders, special guardianship orders)
  • Cases under the Family Law Act 1996 (including non-molestation orders and occupation orders)
  • Proceedings under the Adoption and Children Act 2002 (including placement and recovery orders)
  • Care and supervision proceedings under the Children Act 1989, including contact with a child in care
  • Proceedings under the inherent jurisdiction of the High Court, such as wardship

The means test

The means test looks at your financial eligibility. You will need to provide evidence of:

  • All income (such as wages and benefits)
  • Any capital (including savings, investments, and property)

The Legal Aid Agency will deduct certain allowances (for example, for rent, work expenses, children, or other dependants). What remains is considered your disposable income and capital.

If your income or capital is above a certain level, you will not qualify. If it is below, you may still have to pay a contribution towards your legal costs, depending on your situation.

The merits test

The merits test assesses whether your case is strong enough to justify Legal Aid. The Legal Aid Agency will consider:

  • Your chances of success in the case
  • Whether the legal costs are reasonable compared to the benefit you might gain
  • Whether a reasonable person would use their own money to pursue the case in similar circumstances

In simple terms, the merits test looks at whether your case has a reasonable chance of success and whether it is worth pursuing when you consider the likely costs and benefits.

It is possible to receive Legal Aid at the beginning of a case but have it reviewed as the case progresses, particularly if new evidence affects your chances of success.

If you qualify, your solicitor will explain whether you need to make any contributions and will provide regular updates on costs. You can also use the eligibility calculator on the Ministry of Justice website to get an initial idea of whether you might meet the financial criteria.

In some situations, Legal Aid is available automatically, without any assessment of your finances (means) or the strength of your case (merits).

This type of Legal Aid is offered in care proceedings, where it is available to:

  • The child who is the subject of the proceedings
  • Parents or anyone with parental responsibility for the child

This means that regardless of your income or savings, you will qualify for Legal Aid if care proceedings have been started. Your chances of success do not need to be assessed either.

Legal Aid is also available on a non-means and non-merits tested basis in certain child abduction cases, where immediate legal representation is critical to protect the welfare of a child.

In short, if care proceedings or eligible abduction cases apply to you, you do not need to worry about financial tests or proving the merits of your case, Legal Aid is granted automatically.

At Cartwright King, we know that understanding legal aid can feel daunting. We are here to guide you through each step and ensure you have the support you need from start to finish.

Checking if your case qualifies

The first step is to confirm whether your legal issue is covered. In family law, cases involving public law proceedings and representation of children usually remain within scope for legal aid. Many private family law matters involving children will only qualify if there are serious concerns such as domestic abuse or child abuse. You will need to provide specific evidence to support this.

Checking your financial eligibility

Next, you will need to check if you meet the financial criteria for legal aid. You can use the government’s online calculator to get an idea of your eligibility.

To complete this, you will need to provide information about your income, any benefits you receive, savings, property, and other assets. This includes details about your partner’s finances too.

Finding a solicitor and applying

If your case is within scope and you meet the financial requirements, the next step is to find a solicitor who holds a legal aid contract.

Your solicitor will submit an application for funding to the Legal Aid Agency on your behalf. You may need to provide certain documents within specific deadlines. Once your application is approved, you will receive a legal aid certificate. This document confirms the type of legal aid you have been granted and the amount that can be spent on your case.

It’s important to keep the Legal Aid Agency updated on any changes to your circumstances while your case is ongoing.

If you are not eligible for legal aid, you still have options. We can discuss fixed-fee or flexible payment arrangements to help you plan for the costs of your case. In some situations, you might also consider mediation or alternative dispute resolution to help keep costs down.

If you are unsure whether you qualify, it’s always worth speaking to a solicitor. They can help you understand your options and guide you through every step of the process.

Seeking Urgent Support

In some cases you may need urgent support before getting in contact with our solicitors. If you are in immediate danger, please call 999 and ask for the police.

You can seek support additional support by calling the National Domestic Violence Helpline on 0808 2000 247.

Alternatively you can seek support for domestic abuse from one of the site linked:

Legal Disclaimer

All advice is correct at time of publication.

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