Who Qualifies for Legal Aid?

Author: Lorna Elliott · Last updated 2 April 2026

Legal aid in England and Wales is a means by which legal services are made available to certain people who would not otherwise be able to afford a lawyer. That means people who earn over a certain amount of money, or have a certain amount in assets or savings, will not be eligible. Some people will have all their legal expenses paid, whereas others will have to pay a contribution towards their legal costs. Those who are automatically entitled to legal aid are those who are on income support, income based job seeker's allowance, income-related Employment and Support Allowance, Universal Credit or Guarantee Credit element of Pension Credit will be entitled to legal aid.

Not Receiving Benefits?

People who are not receiving these benefits may be eligible if they are able to show that their capital and income are within a certain limit. If you are currently living with a partner, their income and capital are also taken into account for these purposes. There is a useful financial eligibility calculator on the Legal Aid Agency website. You will need to answer a number of questions about your personal and financial situation and the legal problem that you are facing. The calculator also shows you how to work out your disposable capital. It is worth remembering, however, that this is a guide only and you may still be eligible for legal aid, even if the calculator deems you not to be.

Types of Legal Aid

Initial advice and assistance from a solicitor is covered by what is called 'legal help'. If you need assistance at court, you can apply for 'help at court'. Do not worry about filling out these forms yourself, as your solicitor will do this for you. You may need to provide proof that you are in receipt of benefits or alternatively proof of your income and capital. In respect of both of these types of legal aid, you need to apply before you attend proceedings as the legal funding cannot be granted retrospectively. If you are entitled to either of these types of legal aid, you will not need to pay a fee at court for lodging proceedings.

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If you have to go to court, there are two types of legal aid that are available. 'Investigative help' is designed to bridge the gap between legal help and a full representation (court) certificate, and is limited to investigating the strengths of a party's claim. A full representation certificate pays for your representation in court. It is worth noting that each type of legal funding carries a time limit – over which a solicitor cannot go without seeking prior authority from the Legal Aid Agency. Your solicitor will not be able to go over these limits without an extension. If the extension of funding is not granted, you will need to pay for the rest of the work to be completed.

Finding a Legal Aid Firm

This can sometimes be harder than you think, as firms that are franchised to undertake family law matters are only allowed to take on a certain number of cases and can fill their quota. Some solicitors offer a free half an hour consultation to ascertain the nature of your difficulty and advise you as to your option. It is unwise to take advantage of this and 'shop around' at several different firms, because you could waste valuable time in terms of your case and are unlikely to get the answers you want within this limited period of time. The best way to find a good law firm is to ask others for a personal recommendation (read the article Does Having A Good Lawyer Help? on this site). If this isn't possible, go onto the Law Society website and type in your postcode in the 'I need a solicitor' box at the top right-hand side of the page. This will enable you to find solicitors' firms that are local to you.

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20 Comments (of 192)

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Copo 24 Mar 2021

I am separated with my wife n would like some advice on how I can get acses with my som on a regular basic. And in writing so she Carney change it when she wants to

onetwo 3 Mar 2021

i lost my kids with the mum to someone she chose as someone to take the special guardianship order. its been 4yrs since i seen my kids and the people with the order wiont let me see my kids. social have given me no reason why contact cant go ahead and have no issue. i need help as struggling to find ways of coming up with lawyer fees. any help will be grateful

M 5 Feb 2021

My case has been dismissed for the child custody and allegation she has made by the Judge. Can my ex appeal the decesion? She had legal aid so far. Can she get legal aid again?

Mike 27 Nov 2020

What steps I need to do if my solicitor don't give nothing information about my claim . I finished ready secound physiotherapy aproximatly 3 weeks ago and my solicitor doesn't want to answer my calls or don't give properly information or he lying because is not there . What step it's next to do ?

Taz 17 Aug 2020

my ex got legal aid for 4 yrs while child proceedings where ongoing, I represented myself and got a child arrangement order, now she has got legal aid again to fight a specific issue order. She has maintained alleged domestic abuse as her excuse for getting legal aid. Is there not a limit as to how much legal aid someone is entitled to?

Chris 9 Feb 2020

@letty.i sat down the other night and worked out how old my daughter is she is 16 in may .(wow) .i haven’t seen she since she was( 5 )she would have boyfriend bye now most likely have part time job her own friends and life .(time flys ).after learning about my rights I won’t be taking( legal action) because for one it’s been( 11 years off no contact) second i personally think it’s been to long now .its best let them get on with there life plus i am old school and men from my generation we didn't go to court for rights .

letty 9 Feb 2020

my son has submitted a c100 form has a date for first hearing, he was seeing his children on a regular basis until a NFA order came back hadn't done what was claimed will this go against him for see his children in the eyes of a family court

Frank 5 Feb 2020

I have been through a lengthily court battle with my ex after she alleged domestic abuse. She got legal aid and I had to employ a solicitor at huge costs. The fact finding is complete, and proves she lied. My question is when does her legal aid stop, does it continue even though the case has gone completely against her?

Gemz 29 Sep 2019

My ex partner is trying to get legal aid to ge this name on my sons birth certificate! There are a lot of reason why I don’t want him on it. One being he didn’t want to be on it when he was born, now after 2 years he is trying to get legal aid to take me to court to get put on it, just wondering if he will get the legal aid or not? Tia x

Cheeks 19 Sep 2019

My ex started court case to stop me seeing kids which cost me £17,000 but cant pay back anymore, she lied to get legal aid but also told lies to court and police about me without proof of accusations, case is over now but i am being taken to court from lawyers i had over unpaid fees. Am i able to take ex to court to pay some of the amount since it wouldnt cost me that except all her lies, accusations without proof to stop me seeing kids. I have proof of my innocence but was not allowed to show it and now i hardly see youngest due to court not caring what ex said. I was forced to go to court or lose kids.

Kaya 12 Aug 2019

I am being stopped from seeing my daughter and need a court case in order to gain access to ger again. I earn £21.5k Do i get some legal aid or all?

Lute59 7 Apr 2019

In June 2012 I was awarded £600 from my ex-wife after proving she lied about her income. The judge gave me a letter to hand in at Financial hearing. The Judge at the financial hearing refused this document claiming it was at his discretion and he was not awarding it. There was £35,000 equity in the matrimonial home which was in joint names, The deposit used to secure the sale came from £18,000 pension fund. My 2 pensions were frozen before I met my ex whereas her teaching pension was ongoing throughout our relationship. The judge said 'Pensions were of equal value and I had no right to a share. My other contribution was a stay at home dad raising 2 children from 6 months old until they reached ages 4 and 3. I was also responsible for looking after the household chores and meals. At the hearing, I also gave the judge a document proving that I was in an IVA and the matrimonial home was seen as an asset. The judge scanned over the document and claimed it was not an IVA but debt management and ordered me to sign over the home to my ex within 56 days. I wrote to the mortgage provider who said they would not release me from the mortgage my IVA company told me I was not allowed to sign it over. 3 years later my ex put the house on the market and asked for my signature but I explained my situation regarding IVA. She applied to court claiming I deliberately refused to sign it over and the court upheld her complaint I was ordered to pay her solicitor fees of £1080,32. At the financial hearing 2013 I was ordered to pay £300 child maintenance per month for 12 months then to be assessed by the child support agency. After 12 months she did not open a case with CSA so I did in 2015 and payments were dropped to £190. My ex told me she was happy to accept cash payments which I did but have no proof of payments as I trusted her but now 4 years later she has applied to the court for non-payment amounting to £5,150. I am on low income and receiving WTC with no savings and I fear I could be sent to prison. Any advice on this would be extremely appreciated. In Brief at the hearing £35,000 equity which was £18,000 from my pension fund My pensions were frozen whereas hers were ongoing I was full-time househusband and dad I had a letter awarding me £600 from the previous case I had a letter proving I was in an IVA and house was seen as an asset The judge awarded my ex-everything and when I gave him a piece of my mind we were asked to leave the courtroom. 10 minutes later on our return, he apologized but recording device wasn't working so he'd have to go over the case again but he would do a summary and we were not allowed to speak. I walked out with £26,000 debt Question: Could I be facing a prison sentence for having no proof of paying child maintenance amounting to £5,150 between July 2013 and August 2015?

Jinty 29 Oct 2018

My lawyer applied for Legal Aid, scotland. I am on pension credit guarantee. They have disregarded pension credit but said my pension counts , I am left with £3000 they want £1250 and leaving me with £26 a week to live on. I’m sure my pension should never have been included as it’s below the level to live on in the first instance. It’s like talking to a brick wall explaining it to them and them insisting £26 a week is enough for me to live on and they still want the money. They don’t know there’s a difference between pension credit and pension credit guarantee. I’ve decided not to go ahead anyway. They will recover the money if I win my claim and it’s a waste of time. I’ve been granted full Legal Aid before this. The lawyer will win in this as he will get his money. It’s too stressful for me and taking into account why I’ve been claiming in the first place. It’s all too much. My morning has been wasted and I am scunnered!

Lucy 23 Oct 2018

I bought a double bed off a friend for £100 agreeing to pay £25 a week .. I then had to move houses as the house I was renting got put up for sale so with all the fees I had to pay (bond rent upfront) I fell behind having 2 kids to support alone too .. I’ve paid half of the money owing £40 now but can only afford £10 a week and now she is threatening to take me to a small claims court .. can anyone advise on what leg I have to stand on .. I have not refused to pay just struggling a bit at the moment to pay £25 a week she’s getting on at my family members about it and slagging me off to other people ..

CharlieR Editor 4 Sep 2018

@Jules - there is no such thing as a Legal Aid divorce. Legal Aid only exists in a very few cases now i.e cases of family law where domestic abuse has taken place - but not for divorce.

Jules 30 Aug 2018

Can I get legal aid for divorce. Earning 16000 per annum?

Laurie 19 Aug 2018

@ang.do you know what i want( full time care of my daughter) .my x won’t do that so I will wait to my daughter is 18 .i don’t care what my x looks like she thinks she is hot and above my morals dream on .sorry to burst her bubble I no women pride there self on looks and my x is very attractive I am not trying to knock her self esteem around or try and hurt her but she is not for me I was a child back when I was with her and now if I am honest I see ugly toad that would turn on you in a heart beat for a better deal .(hey that’s cool with business )not with family or people you love .my x never loved me gods truth she slept with everyone I had issue with speaks louder then words to me .ps good news I have found peace it’s her lose .

Ang 19 Aug 2018

I have a 50/50 shared arrangement with my ex. We have had so much bother, he wasn’t there at all for a couple of years, as he had a mental breakdown. Afterwards, we were able to mutually decide on an agreement which slowly worked up to 50/50. It has been going well for a number of years now. The children seem settled. However, there are a number of factors that have come to play recently that have left me feeling really unsettled with the contact he has; as ONE example, he has a drug addict/dealer currently living in his home! I have tried to speak with him, we had one conversation which went well. But since, absolutely nothing has changed. The children go to his house, but he is often at work, and whilst he has them half the time, he in no way puts in half financially. Not even 10%! I have always said it’s not about the money, but I’m sick of paying it all, whilst he swans about buying extravangant things for his other children who live with him all the time. I sadly feel I am at a point now where I will have to get a lawyer again, and hope we can work things out in mediation or similar! I have no idea though if I would still be entitled to legal aid, does anyone know anywhere online I can find this out? I tried a calculator on the gov.uk website and it wasn’t very specific! Just said you ‘maybe entitled’ I wanted something more informative so I had a deeper understanding. It pains me no end the amount of women that use their kids against the other parent, and here I am giving up half of my kids childhood to someone who isn’t putting them first! Thanks for reading. Tres frustrated mum!

c.laurie 18 Aug 2018

even if i could get legal aid i wouldn't use it .who wants the burden of a child when you break up with someone ?.not me my ex got the short straw in my book she has to pay for schooling cloths books sports and social plus the drama of teenagers and never have a social life .sounds like donkey work to me .i only have to worry about my next hot date i get of tinder .

Stevie-ray 18 Aug 2018

Hi, My stepson has ended his relationship with his girlfriend, they have two kids. The mother has stopped all access to the children and is threatened the police if any of his family turn up. He is not in receipt of any benefits but is a low earner. He has threatened to stop payments to his ex (something I have tried to tell him that he must keep paying). He is, as are we, in the dark as to where we stand legally. It seems to be such a minefield out there where legal matters are concerned. Any pointers on where we need to start and what we need to do to get a legal ball rolling would be very much appreciated. Many thanks. S

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