Can I Get Legal Aid for Family Court? The Means Test in 2026
Last updated: 10 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: You can get legal aid for family court in England and Wales if your case is one legal aid covers and you pass the means test. In 2026 the limits are £2,657 a month gross income, £733 disposable income and £8,000 savings. Some rules changed in 2023, 2024 and 2025, but the bigger means test overhaul isn't in force yet.
Key facts | Details |
What changed | Under-18s no longer means tested for legal representation (3 Aug 2023); new disregards, including an equity disregard for domestic abuse victims who have left home (20 Nov 2024); "domestic abuse" wording and wider evidence rules (21 May 2025); contributions towards civil legal aid removed (27 June 2025); higher allowances for partners and children (6 April 2026) |
In force from | 3 August 2023, 20 November 2024, 21 May 2025, 27 June 2025 and 6 April 2026. The wider Means Test Review is not yet in force |
Where it applies | England and Wales (Scotland and Northern Ireland have their own legal aid schemes) |
The law | Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, amended by SI 2023/745, SI 2024/1074, SI 2025/611 and SI 2025/750 |
Who it affects | Parents, carers, grandparents and young people with a family court case who can't afford a lawyer |
Source checked | legislation.gov.uk, GOV.UK and the Legal Aid Agency keycard, 10 November 2026 |
What was the law before?
Since 2013, legal aid for family cases has been limited to certain types of case, and almost everyone has had to pass a means test on income and savings. Children who needed their own lawyer were means tested too, and money a person had received as backdated benefits or child maintenance could count against them as savings.
What changed, and when?
There have been five changes to legal aid means testing for family cases since 2023. None of them is the full overhaul the government promised in 2023.
1. Children: no means test for legal representation (3 August 2023). The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (SI 2023/745) took away the means test for anyone under 18 applying for legal representation or Family Help (Higher). Parents, and anyone with parental responsibility, also stopped being means tested in High Court cases about withdrawing or withholding life-sustaining treatment from their child. Other kinds of help for under-18s weren't part of this change, so the usual means test can still apply to them.
2. Money that no longer counts against you (20 November 2024). The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 (SI 2024/1074) added new "disregards". Arrears of benefits or child maintenance that you received in the two years before you apply are now ignored when your savings are worked out. So are certain compensation payments, such as infected blood scheme payments and payments to victims of modern slavery.
The same regulations helped people who have left home because of domestic abuse. If you're staying somewhere temporarily, you intend to go back, and the other person still lives in the home, the Legal Aid Agency can treat the family home as your main home. That means you get the usual home equity disregard, so the first £100,000 of equity in that home isn't counted, instead of the home counting in full as a second property.
3. Domestic abuse wording and evidence (21 May 2025). The Legal Aid (Domestic Abuse) (Miscellaneous Amendments) Order 2025 (SI 2025/611) replaced "domestic violence" with "domestic abuse" across the legal aid rules, with a wider definition that covers controlling, coercive or threatening behaviour, and economic abuse. It also widened the list of professionals who can write a letter as evidence of abuse, adding people such as paramedics, practitioner psychologists and social workers, as long as they're registered and licensed to practise where they give the letter.
4. No more contributions (27 June 2025). The Criminal and Civil Legal Aid (Amendment) Regulations 2025 (SI 2025/750) removed the rules that made people pay monthly income contributions or a lump sum from savings towards civil legal aid. If you qualify, you don't pay a contribution. You may still have to pay some costs back if you win or keep money or property in the case.
5. Higher allowances (6 April 2026). From 6 April 2026, the Legal Aid Agency's keycard 62 raised the allowance for a partner to £237.25 a month and for each dependent child to £381.86 a month. These are taken off your income before your disposable income is checked. The income and savings limits themselves didn't move.
What hasn't changed yet. In May 2023 the government said it would raise the savings limits to £7,000 and £11,000, raise the home equity allowance to £185,000 and update the income limits. That plan needs new regulations. When we checked on 10 November 2026, GOV.UK and the Legal Aid Agency were still using the old limits, and we couldn't find regulations bringing the new ones in. So treat any article that quotes the new figures as describing a plan, not the law today.
How does the legal aid means test work in 2026?
There are two questions, and you need a yes to both.
Is your case covered? For most disagreements between separated parents about children, money or divorce, legal aid for a solicitor is only available if you've been in an abusive relationship, or a child is at risk of abuse, and you can show evidence. Cases about a child being taken into care, and some child abduction cases, aren't means tested at all. Family mediation is covered for anyone who qualifies on money.
Can you afford it? The current figures, from the Legal Aid Agency's keycard 62 (April 2026), are:
Gross income: £2,657 a month or less for you and your partner together, with £222 added for the fifth child and each child after that
Disposable income: £733 a month or less, after tax, National Insurance, housing costs (capped at £545 a month if you have no partner or dependants), childcare for work and the allowances above
Savings and other capital: £8,000 or less, not counting the first £100,000 of equity in your home or anything that's the subject of the dispute, up to £100,000
If you get Universal Credit, the Guarantee Credit part of Pension Credit, income-based Jobseeker's Allowance, income-related ESA or Income Support, you pass the income test automatically. Your savings are still checked.
What does this mean for you?
If you're thinking about applying for a non-molestation order, the income and savings limits can be waived for the protective order itself. GOV.UK says you may be eligible even with a higher income, or savings over £8,000, if your case is about domestic abuse or forced marriage. If you're thinking about a domestic abuse protection order, ask the legal aid adviser how the rules apply to your case.
If you want legal aid for a child arrangements case, the evidence of abuse is usually the key. The abuse doesn't have to be physical. The legal definition of domestic abuse includes controlling or coercive behaviour, and economic and emotional abuse. GOV.UK lists the kinds of evidence that count, such as letters from the police, a doctor, a refuge or a domestic abuse support service, and bank records showing economic abuse. You don't need the evidence before you speak to a legal aid adviser, but they'll need it before deciding.
If you don't qualify, you can still go to court yourself. Look at the family court fees in 2026 and whether you can get help with fees, which is a separate scheme with its own rules. The C100 fee is £270. The family mediation voucher scheme may also give eligible families up to £500 towards mediation while the scheme runs.
For example, a father who left the family home a month ago because of his partner's controlling behaviour is staying with his brother. He owns half the house, there's £40,000 of equity in his share, and he has £3,000 in savings. Before November 2024, his share of the house could have been counted as capital, taking him over the £8,000 limit. Now, if he intends to go back and his former partner still lives there, the house can be treated as his main home and his equity falls within the £100,000 disregard. He'd still need to pass the income test and show the abuse.
If you've had a lump sum of backdated child maintenance in the last two years, tell the legal aid adviser where it came from. It shouldn't count towards your £8,000.
Can children get legal aid in family court?
Yes. Since 3 August 2023, a child who needs their own lawyer for legal representation in family proceedings doesn't face a means test, so a parent's income won't stop them. In care cases the court appoints a children's guardian for the child. In cases between parents, a child is only made a party in a small number of cases, and the court decides that. Our guide on when a children's guardian is appointed in private law cases explains more.
How do I apply for legal aid for family court?
Use the "Check if you can get legal aid" tool on GOV.UK first. It tells you whether your problem is covered and points you to a legal aid solicitor or mediator, or to Civil Legal Advice (CLA). CLA helps people separating from an abusive partner, families where a child may be taken into care and some child abduction cases. Its number is 0345 345 4345, open 9am to 8pm on weekdays and 9am to 12:30pm on Saturdays, and it can call you back.
Have these ready: payslips or benefit letters, bank statements for the last few months, details of savings and property, and any evidence of abuse. If your type of case isn't normally covered but refusing help would breach your human rights, you can ask for exceptional case funding. The means test still applies, and GOV.UK says decisions usually take about 25 working days, or about 10 for urgent cases.
Common mistakes we see: guessing that you earn too much without doing the sums (housing costs and allowances come off first), not mentioning that you've left home because of abuse, and waiting until the week before a hearing. Legal aid applications take time, so start as soon as you know a case is coming. You'll also usually need to go to a MIAM before court unless an exemption applies, and domestic abuse is one of them.
Frequently asked questions
Can I get legal aid for a child arrangements order?
Only in limited cases. You'll usually need evidence that you or your child have experienced domestic abuse, or that the child is at risk of abuse, and you must pass the means test. Mediation to agree child arrangements is covered if you qualify on money.
Can I get legal aid for a non-molestation order?
Often, yes. Protection from domestic abuse is covered, and the income and savings limits can be waived for these applications. There's no court fee for a non-molestation order.
Has the new legal aid means test started?
Not in full. The changes for children (2023), the new disregards (2024), the domestic abuse wording (2025) and the removal of contributions (2025) are in force. The higher savings and income limits the government promised in 2023 weren't in force when we checked on 10 November 2026.
Is legal aid free?
Mostly, yes, if you qualify. Since 27 June 2025 you don't pay monthly or lump-sum contributions towards civil legal aid. But if you win or keep money or property in the case, you may have to pay back some of your legal costs from it, so ask your solicitor how this works.
What evidence of domestic abuse do I need for legal aid?
GOV.UK accepts evidence from places such as the courts, the police, a MARAC, social services, health professionals, a refuge or domestic abuse support service, your bank, your employer or a benefits provider. Since May 2025, more professionals, including paramedics, practitioner psychologists and social workers, can give evidence letters.
Does the means test apply in Wales?
Yes. The legal aid rules for England and Wales are the same, and these changes apply in both. Scotland and Northern Ireland run their own schemes.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, and we don't do legal aid work. Legal aid is provided by solicitors and mediators with a Legal Aid Agency contract, so if you might qualify, that's the first route to check. If you don't qualify, or you're waiting to find out, we can help you understand your options, prepare your forms and statements, and get ready for your hearing. Email help@incourt.co.uk or use the contact form on our website, and have a look at our Google reviews.
Related guides
Sources
The Criminal and Civil Legal Aid (Amendment) Regulations 2023, SI 2023/745 (checked 10 November 2026)
The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024, SI 2024/1074 (checked 10 November 2026)
The Legal Aid (Domestic Abuse) (Miscellaneous Amendments) Order 2025, SI 2025/611 (checked 10 November 2026)
The Criminal and Civil Legal Aid (Amendment) Regulations 2025, SI 2025/750 (checked 10 November 2026)
Legal Aid Agency civil eligibility keycard 62, April 2026 (checked 10 November 2026)
GOV.UK: Legal aid financial eligibility and domestic abuse (checked 10 November 2026)
GOV.UK: Civil Legal Advice and exceptional case funding (checked 10 November 2026)
Ministry of Justice: Legal Aid Means Test Review, civil impact assessment, May 2023 (checked 10 November 2026)
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
Comments