Legal aid provides crucial support for those who cannot afford legal representation in family law matters. However, since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force, access has been significantly restricted.
This guide explains which cases still qualify for family solicitors legal aid and what evidence you’ll need to support your application.
Can Your Family Law Issue Receive Legal Aid Support?
Legal aid is only available for specific family law cases and depends on:
Financial eligibility (means testing)
The type of legal issue
Below, we break down the key family law matters that may still qualify.
1. Domestic Abuse Cases
Legal aid is available for victims of domestic abuse needing help with:
Protection orders (e.g., non-molestation orders, occupation orders)
Child arrangements (if the other parent is abusive)
Divorce or financial disputes (if linked to abuse)
Evidence Required:
You must provide proof, such as:
✅ A police report or injunction against the abuser
✅ A letter from a doctor, social worker, or domestic violence support organisation
✅ A referral to a refuge or MARAC (Multi-Agency Risk Assessment Conference)
Note: Since the Domestic Abuse Act 2021, the range of accepted evidence has expanded, making it easier for survivors to qualify.
2. Child Protection & Social Services Involvement
Legal aid covers cases where social services are involved, including:
Care proceedings (where a child is at risk of being taken into care)
Supervision orders
Child abduction cases (if the child is in danger)
Key Points:
Parents in care proceedings automatically qualify for legal aid.
Children (under 18) may be eligible separately from their parents.
3. Forced Marriage & Female Genital Mutilation (FGM) Protections
Legal aid is available for:
Forced Marriage Protection Orders (FMPOs)
FGM Protection Orders
No financial means test applies—anyone at risk can access legal aid.
4. Child Arrangements (If There’s Risk or Abuse)
Legal aid may be available for child custody disputes only if:
There is evidence of domestic abuse or child abuse
The child is at risk of harm
Social services are involved
If none of these apply, you’ll likely need to:
Pay for a solicitor privately
Use mediation (which may have partial legal aid funding)
Represent yourself (with support from charities like Support Through Court)
5. Divorce & Financial Disputes (Limited Cases)
Legal aid is not generally available for divorce or financial settlements unless:
There is domestic abuse involved
You are applying for an injunction (e.g., to stop an abusive ex-partner)
Alternatives if You Don’t Qualify:
Mediation (sometimes partly funded)
Fixed-fee solicitors
Pro bono legal help (e.g., through Law Centres or Advocate)
What Doesn’t Qualify for Legal Aid?
Most private family law disputes (without abuse or child protection concerns) do not qualify, including:
❌ Standard divorce cases (without abuse)
❌ Financial disputes (unless linked to domestic violence)
❌ Child contact disputes (unless there’s evidence of risk)
How to Check If You Qualify
Financial Eligibility – Use the GOV.UK legal aid calculator to check income/savings limits.
Gather Evidence – If applying due to domestic abuse, collect proof early (e.g., police reports, medical letters).
Find a Legal Aid Solicitor – Use the Law Society’s legal aid finder.
What If You Don’t Qualify for Legal Aid?
If legal aid isn’t an option, consider:
✔ Mediation (may have partial funding)
✔ Pro bono help (e.g., Advocate, FRU, Law Centres)
✔ Payment plans with family solicitors
✔ Self-representation (with guidance from Support Through Court)
Final Thoughts
While legal aid for family law is now limited, it remains available for high-risk cases, including:
Domestic abuse
Child protection
Forced marriage & FGM
If you’re unsure whether you qualify, consult a legal aid family solicitor as early as possible.
Need Help? Contact:
Civil Legal Advice (CLA) – 0345 345 4345
Women’s Aid / Refuge (domestic abuse support)
Your local Law Centre
Disclaimer: This post provides general information and does not constitute legal advice. For personal guidance, always consult a qualified solicitor.