Family and Child Care Law Associate Solicitor Emily Sherwood breaks down what legal aid is, who qualifies, and how to apply, step by step.
What is legal aid?
Legal aid is public funding for a private family law dispute. It helps cover the cost of legal advice and representation. In family law, it’s often used in cases involving:
- child arrangements (custody, contact, etc.)
- domestic abuse or violence
- risk of harm to a child
If you’re eligible, you’ll receive a legal aid certificate, which covers legal advice and representation in court. However, funding for a contested Final Hearing isn’t guaranteed. Your solicitor will advise you separately on this.
Am I eligible for legal aid?
To qualify, you must pass two tests:
1. means test (your finances)
You must fall within the financial limits set by the Legal Aid Agency. This includes income, savings, property, and other assets.
2. merits test (your case)
Your case must have a reasonable chance of success, and the costs must be justified. The Legal Aid Agency will ask: Would a reasonable person pay for this out of their own pocket?
You’ll also need to show evidence of:
- domestic abuse or violence against you, or
- a risk of harm to your child
How to apply for legal aid
Step 1: check your eligibility
Use the government’s online tool to see if you might qualify: check legal aid eligibility
Step 2: gather evidence of abuse or risk
You’ll need documents showing domestic abuse or risk to your child. This could include:
- a letter from your GP or social worker
- a police report
- a court order
See the full list of acceptable evidence here.
Step 3: provide financial documents
To complete your application, you’ll need to share:
- three months of bank statements (for all accounts held in your/joint names)
- three months of bank statements for accounts not held in your name but you have access to (such as a child’s account)
- benefit award letters (if there is a joint claim for benefits, proof of/award letter in relation to benefits must identify both parties)
- three months of payslips (if employed)
- proof of mortgage or rent
- a copy of the tenancy agreement (if you rent the property)
- property valuation and mortgage statement (if you own a home)
- car details and valuation (if applicable)
- information about your partner’s finances (if you live together)
- details of any dependent children
Note: The Legal Aid Agency may ask for more documents depending on your situation.
What happens after I apply?
Once your application is submitted, it goes to the Legal Aid Agency for review. They’ll check whether you meet the eligibility criteria based on your financial situation and the details of your case.
Most applications are processed within 20 working days, but more complex cases may take a little longer. Your solicitor will keep you updated throughout the process.
If your application is approved you and your solicitor will receive confirmation from the Legal Aid Agency, and your solicitor can begin working on your case right away.
If your application is refused, you’ll be told why. You or your solicitor can appeal the decision by writing to the Legal Aid Agency, explaining why you believe the refusal was unfair and providing any extra evidence that supports your case.
If you think you might qualify for legal aid, we’re here to help. We’ll guide you through the application process and make sure everything is in order.
If you’re not eligible we offer an initial fixed fee appointment (up to one hour via phone or video call) to help you understand your options and next steps.
How our Child Care Solicitors can helpContact us today on 03456 465 465 or email enquiries@rotherabray.co.uk to book an appointment and get the support you need.
Disclaimer: This article is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
