The Criteria for Legal Aid in Family Law in England and Wales – Check If You’re Eligible
Need help with divorce, separation, or child arrangements but worried about legal costs?
You might qualify for legal aid — financial support that can help you access a family solicitor at little or no cost.
At Prism Family Law, our experienced family law solicitors can guide you through the legal aid application process and help you understand whether you qualify based on your financial circumstances, legal case, and personal situation.
What Is Legal Aid?
Legal aid is a government-funded scheme that helps individuals with limited income pay for legal advice and legal representation. In family law cases, legal aid may cover:
- Divorce or separation involving domestic violence and abuse
- Child custody and contact disputes (child arrangements)
- Emergency protective orders (e.g. non-molestation orders)
- Care proceedings involving social services
- Mediation in family member disputes (in some situations)
Find out more about what legal aid covers at the Legal Aid Agency website.
Who Is Eligible for Legal Aid in Family Law?
To know whether you are entitled to legal aid , you must meet three key criteria:
- Financial Eligibility (Means Test)
You may qualify if:
- You receive benefits like Universal Credit, Income Support or ESA
- You are on a low income with limited savings
Check your eligibility using the official legal aid calculator.
- Case Type Eligibility (Scope Test)
Your issue must be covered by the legal aid scheme. This includes:
- Domestic abuse
- Child contact or custody issues
- Care proceedings
- Forced marriage or FGM protection
- Mediation (in some cases)
- Merits Test
Your case must be:
- Likely to succeed
- Worth the legal cost
- Something a reasonable person would pursue if paying privately
Legal Aid for Domestic Abuse Survivors
If your case involves domestic abuse, you may be able to get legal aid for matters such as divorce, non-molestation orders, or child arrangements.
You must provide evidence of the abuse. Acceptable documents include:
- A non-molestation order, occupation order or injunction
- A letter from your GP or hospital
- A statement from a domestic abuse charity or refuge
- Police or court records
- A letter from social services
We can advise you on gathering the right documents and submitting a strong legal aid application.
Please Note care proceedings and work involving Children’s Services are ‘non-means’ and ‘non-merits’ type of case that do not require any evidence to be submitted to be eligible for legal aid help; if you are the biological parent of a child or children involved in care proceedings or pre-proceedings you are likely to be eligible for legal aid help.
Is Legal Aid Guaranteed?
No — even if you meet some of the criteria, legal aid is not automatic. The Legal Aid Agency will carefully review your financial situation, the type of case, and whether your case meets the legal test for funding and also consider the evidence provided relating to domestic abuse.
Speak to a Legal Aid Family Solicitor Today
At Prism Family Law, we regularly help clients apply for legal aid in family law cases.
Whether you need help with divorce, child arrangement orders , or protection from domestic abuse, our expert solicitors are ready to help you understand your rights and next steps.
Contact us today if you think you might qualify for legal aid:
- Call us: 0191 269 6871
- Email: enquiries@prismfamilylaw.co.uk
- Office hours: 08:30am to 17:00pm – Monday to Friday