Can I get legal aid for my divorce?

What legal aid can and can’t pay for in a divorce

Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), most private family cases in England and Wales are outside legal aid. GOV.UK lists what you might get legal aid for, including [GOV.UK]:

• “needing advice on finances, children or divorce if you’ve been in an abusive relationship”;
• “protecting yourself or a child from abuse or harassment, for example domestic abuse or forced marriage”;
• “a child in your family being at risk of being taken into care”;
• “family mediation, for example if you’re deciding on child arrangements”.

The means test in 2026

The Legal Aid Agency’s figures from 6 April 2026 (keycard 62) are [LAA keycard 62]:

• Gross income: no more than £2,657 a month (before tax). Add £222 for the 5th and each further child dependant.
• Disposable income: no more than £733 a month after allowed deductions (tax, National Insurance, housing costs, childcare for work, maintenance you pay, and fixed allowances for a partner and dependants).
• Capital: no more than £8,000 (savings, investments, and other assets). GOV.UK explains that home equity above £100,000 counts towards this [GOV.UK].
• Passporting benefits: if you get Universal Credit, the Guarantee Credit part of Pension Credit, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance or Income Support, you automatically pass the income test — but your capital is still checked.

Depending on your income and capital you might have to pay a contribution, and you may have to pay some of the cost back if you win or keep money or property through the case [GOV.UK]. Your legal adviser has to explain this before you start. These limits change, usually each April — check the current figures with the official checker.

Whose income counts? Usually yours and a partner you live with. The adviser will tell you how your husband or wife’s money is treated when they are the other side of the case — do not rule yourself out without asking.

The evidence rule (domestic abuse or child abuse)

For a divorce, children or money matter to be covered, you normally need documentary evidence from lists set out in the Civil Legal Aid (Procedure) Regulations 2012 — Schedule 1 (under regulation 33) for domestic abuse and Schedule 2 (under regulation 34) for child protection [LAA guidance]. GOV.UK says the places you can ask for evidence include [GOV.UK]:

• the courts or the police;
• a multi-agency risk assessment conference (MARAC);
• social services;
• a health professional, for example a doctor, nurse, midwife, psychologist or health visitor;
• a refuge manager or a domestic abuse support service;
• your bank (for example credit card accounts, loan documents and statements) — relevant to financial or economic abuse;
• your employer, or education or training provider;
• the provider of any benefits you’ve received.

There has been no time limit on abuse evidence since 8 January 2018, when the old five-year limit was removed [MoJ, 2018]. You do not need to have the evidence before you speak to a legal adviser, but they must see it before deciding whether you can get legal aid [GOV.UK].

Read our full guide to the evidence, and how to ask for it safely →

How to apply

1. Check first with the official Check if you can get legal aid service, or call Civil Legal Advice on 0345 345 4345. Checking is free [GOV.UK].
2. Find a provider with a legal aid family contract — use the Ministry of Justice’s Find a Legal Aid Adviser or Family Mediator, or our finder built from the same Legal Aid Agency directory.
3. The solicitor applies for you. You can’t apply for legal aid yourself — a legal adviser does it [GOV.UK]. Bring proof of income, benefits and savings, and any abuse evidence you have.

Exceptional case funding

If your case is outside the normal rules but refusing legal aid would breach your human rights — for example because you couldn’t realistically represent yourself — you can apply for exceptional case funding. You still have to be financially eligible. Most people apply through a lawyer, but you can apply yourself; decisions usually take up to 25 working days (10 if urgent) [GOV.UK].

If you don’t qualify

Most people in England and Wales won’t — and many still get divorced without a solicitor. The online divorce service is designed for people applying themselves, the court fee can be reduced or waived through Help with Fees, and mediation may be legal-aided or part-funded by a £500 voucher where children are involved.

• How to get a divorce yourself, step by step
• The £628 court fee and Help with Fees
• Mediation, MIAMs and the £500 voucher
• Free and low-cost legal help

Scotland, Northern Ireland and the US

The rules above are for England and Wales only. Legal aid in Scotland (Scottish Legal Aid Board) and Northern Ireland (Legal Services Agency) works differently. In the United States, “legal aid” means free help from nonprofit organisations.