Can legal aid help with a divorce in Scotland?
It can. The Scottish Government says legal aid may cover a civil case “if you’re divorcing” or “have disputes about your children” [mygov.scot]. There are two main types:
- Advice and assistance — help with the cost of advice, negotiation and paperwork from a solicitor.
- Civil legal aid — representation in court.
You usually need to show you can’t afford legal help and that your problem is serious. You may have to pay a contribution, or pay costs back later [SLAB]. You can only apply through a solicitor who does legal aid work — SLAB itself doesn’t give legal advice [SLAB].
Financial limits (from 6 April 2026)
From SLAB’s civil keycard [SLAB keycard]:
| Type | Income | Capital |
|---|---|---|
| Advice and assistance | Disposable income up to £245 a week (unless you get a passporting benefit) | Disposable capital up to £1,716 |
| Civil legal aid | No contribution below £3,521 a year disposable income; not eligible above £26,239 a year | No contribution up to £7,853; contribution between £7,853 and £13,017; above £13,017 you may be refused |
“Disposable” means after allowed deductions — your solicitor works this out. Check the current figures: SLAB updates them, usually each April, and has online eligibility estimators.
Find a legal aid solicitor in Scotland
Use SLAB’s Find a solicitor tool [SLAB]. Our finder only covers England and Wales.
The simplified (“do it yourself”) divorce
If your case is straightforward you may be able to use the simplified procedure without a solicitor. The Scottish Courts and Tribunals Service says it’s available where [SCTS]:
- you have been separated for one year and your spouse consents, or for two years without consent (or an interim gender recognition certificate has been issued);
- there are no children of the marriage under 16;
- there are no financial matters to sort out, and no other court proceedings under way;
- neither of you has a mental illness, personality disorder or learning disability that affects the case;
- either of you is domiciled in Scotland, or habitually resident there for at least a year (and, for the sheriff court, you’ve lived in the area for at least 40 days).
Fee: £156 for a simplified divorce application in the sheriff court, payable from 1 April 2026, plus a £15 court fee and the sheriff officer’s own fee if the papers must be served that way. The fee is due to rise to £160 on 1 April 2027 under the same order [SCTS fees] (Sheriff Court Fees Order 2026 [SSI 2026/74]). Check whether you qualify for a fee exemption, and check the current figure before applying.
Free help in Scotland
The Scottish Government’s legal aid page lists alternatives to legal aid, and you might already have legal cover through a trade union or insurance [mygov.scot]. Citizens Advice Scotland also gives free advice.