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What is legal aid and who can get it

Legal aid is a scheme that helps people pay for legal advice.

You might get legal aid for your divorce if you meet the eligibility requirements. These include:

• how much money (income, savings) you have
• what your problem or dispute is about
• the amount of legal help you need
• if you have a reasonable chance of winning your case

You can usually get legal aid (whatever your circumstances) if:

• you need help to deal with domestic abuse
• your child is at risk of being taken into care

If you get legal aid, you aren’t given the money to pay the bills – your adviser is paid direct.

You can use the online legal aid eligibility calculator to work out if you're likely to get legal aid.

• Legal aid eligibility calculator Opens new window

Using legal aid for your divorce

If you’re eligible for legal aid, it can be used to pay for a mediator or a solicitor to help you through your divorce.

Mediators and legal aid for divorce

Mediators are independent people who can help you and your spouse reach an agreement about how you split things up and look after children.

Using a mediator can save you time and money, as it can help you avoid going to court. You must consider using mediation if you’re applying for legal aid for court hearings about children or finances (or both). If you don’t, you won’t get legal aid.

If you get legal aid to pay for a mediator, you won’t have to pay it back.

• Mediation to solve problems when you split up

Legal advice and legal aid for divorce

If you’re eligible, you can get legal aid to pay for a solicitor to handle your divorce. For example you may need:

• someone to give you initial legal advice about your options
  
• help to negotiate with your partner
  
• help to complete the right forms
  
• a solicitor or barrister to speak for you in court

Getting legal advice

If you think you are eligible for legal aid, you can get help from Community Legal Advice by calling 0845 345 4 345. Calls cost 4 pence a minute. If you are worried about the cost of the call, they can call you back.

• Ask for a call back - Community Legal Advice Opens new window

Paying back legal aid

If you get legal aid to pay for a solicitor or barrister, you may have to pay it back.

If you get money out of a divorce settlement, it will go towards paying off your legal aid. If the money you get covers all of the solicitor’s bill, you keep what’s left over. If the money you get doesn’t cover all the of the solicitor’s bill, you will still have to pay back the remaining balance.

You may also have to pay for your legal aid if you get property in your divorce settlement. For example, if you get your partner’s share of the house you live in. In situations like this, you can either pay back all of your legal aid straight away or in instalments.

Paying back legal aid is known as the ‘statutory charge’.

To find out more, download ‘Paying for Your Legal Aid’ using the link below.

• Download 'Paying for your legal aid' (PDF, 728kb) Opens new window

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