At Milne Moser, we understand how stressful family law problems can be, especially when you are worried about the cost of getting legal help. Many people are unsure whether legal aid is still available and whether they might qualify. While legal aid for family law is more limited than it once was, it remains an essential source of support in certain situations.
What is legal aid and why it matters
Legal aid is public funding that helps people who cannot afford legal fees to access legal advice and representation. In family law, its focus is on protecting vulnerable individuals and children rather than funding every type of family dispute. As a result, only specific types of cases now fall within the legal aid system.
When legal aid may be available in family law
Legal aid is not generally available for straightforward divorce or financial matters. However, you may still be eligible if your case involves serious concerns such as domestic abuse or risks to a child.
Legal aid may be available where a case involves domestic abuse, child protection, or serious risk to a child. This can include:
• Domestic abuse, including physical, emotional, financial, or sexual abuse
• Child protection cases involving local authorities
• Situations where a child may be at risk of significant harm
Protection orders such as non molestation orders, occupation orders, forced marriage protection orders, and female genital mutilation protection orders may also fall within the scope of legal aid.
Where a case qualifies, legal aid can cover legal advice, preparation of documents, and representation in court.
Evidence requirements in domestic abuse cases
In many private family law cases, legal aid is only available if there is acceptable evidence of domestic abuse. This might include police involvement, court orders, or confirmation from professionals such as doctors, social workers, or recognised support organisations.
The rules around evidence can be complex, and not all documents are accepted. A solicitor can review what you have and advise whether it is likely to meet the legal aid criteria.
Financial eligibility and means testing
Qualifying on the type of case is only part of the process. You must also pass a financial assessment known as a means test. This looks at your income, savings, assets, housing costs, and essential living expenses.
If your income or savings are above certain limits, you may not qualify for legal aid, or you may be asked to contribute towards your legal costs. Each case is assessed individually based on your circumstances.
How Milne Moser can help
Milne Moser holds a legal aid contract and has experience advising clients on whether they may be eligible for funding. Our family law team can assess your situation, review any evidence you have, and explain your options clearly and sensitively. Where legal aid is not available, we can also discuss alternative ways to manage costs.
Get in touch
For further information or to arrange an appointment, please contact 015395 62263 or email wendy@milnemoser.co.uk.
