Legal Aid FAQs

To qualify for legal aid there are in effect two tests: the Means Test and the Merits Test.

Whether you qualify for legal aid depends on the type of case and your financial circumstances. (Civil only)

The Merit Test focuses on whether there is a good prospect of success in the matter, whether the matter is in the public interest or would be funded by a reasonable private paying individual and whether the matter is proportionate. These criteria will be applied to the individual facts of the matter.

This focuses on the income and capital of the applicant.

The upper gross threshold for income is £2,657.00 per month. This means that if you earn over this amount then you will not qualify for legal aid (unless there are other qualifying circumstances at play such as domestic violence).

Is my partner’s income included if they live at the same address?

Yes, unless you can show the relationship has irretrievably broken down.

Are there any circumstances where the upper limit is higher?

Yes, for example, where you have four or more children residing with you, or if you are in receipt of child benefit, for further information see the government website.

If you receive certain qualifying benefits you will automatically satisfy this requirement.

What are the qualifying benefits?

Currently, they are: income support, income-based employment and support allowance, universal credit, income-based jobseekers allowance and state pension guarantee credit.

An applicant’s monthly disposable income should not exceed £733.00 and separately their disposable capital should not exceed £8,000.00.

If you satisfy the means test (please see our How do I qualify for Legal Aid? – FAQ) and have been a victim, or your child has been a victim, of domestic abuse, you may be able to apply for Domestic Violence Legal Aid funding for some family matters.

You must be in a familial relationship with your abuser.

What constitutes a familial relationship?

• you are/have been married/in a civil partnership;
• you are closely related (father, other, child etc);
• you are/have been cohabitants;
• you have or had agreed to marry one another;
• you live/have lived in the same household as more than just their employee, tenant, lodger or boarder;
• you have/had an intimate personal relationship with one another which was significant in duration;
• in relation to a child, you are their parent/have parental responsibility and/or are party to the same family proceedings.

You must provide evidence of the abuse suffered. For examples of documents accepted, please see the government website or access any of the free resources listed below;

https://www.gov.uk/check-legal-aid - This is the Government website eligibility checker for Legal Aid. You can also put your postcode into this website and it will provide you with a list of Legal Aid practitioner firms in your area.

https://www.gov.uk/civil-legal-advice
Telephone: 0345 345 4 345
Monday to Friday, 9am to 8pm
Saturday, 9am to 12:30pm
The Civil Legal Advice service.

https://resolution.org.uk/ - Professional advice for family problems in England and Wales, including divorce and separation, domestic abuse, money problems when divorcing/separating and child maintenance.

https://respectphoneline.org.uk/ - Confidential helpline for domestic violence perpetrators (male, female, in heterosexual or same-sex relationships) and information and advice to help stop violence and change abusive behaviours.
Helpline: 0808 802 4040
Opening hours: Monday-Friday 9am-8pm
Email: info@respectphoneline.org.uk