Legal aid and other help if you can’t afford divorce or separation fees

In England and Wales, legal aid isn’t available for the legal costs of divorce or dissolution – unless it involves domestic abuse (including financial abuse), child abduction, or you’re at risk of homelessness.

Even if you don’t qualify for help with the legal costs involved in your divorce, you might be able to get legal aid for mediation – see our section below on Legal aid for mediation

In Scotland and Northern Ireland, there are two types of legal aid available in divorce cases:

• Advice and assistance – help with the costs of legal advice from a solicitor, including completing legal paperwork.
• Civil legal aid – if you’re going to court, help with the costs of using a solicitor to prepare a case and speak for you in court.
  

Most people apply for advice and assistance first, followed by civil legal aid if it’s necessary.

You'll usually need to show that you can't afford to pay your legal costs yourself. 

Your solicitor will let you know whether you’re likely to qualify for legal aid, and apply on your behalf. 

A mediator can help you and your ex-partner reach your own agreement about children and financial matters. It’s usually quicker and cheaper than asking a court to decide for you.

You might qualify for legal aid for mediation if you’re on a low income or not working.

Legal aid can cover the cost of:

• the introductory meeting to work out whether mediation is going to be right for you
• further sessions until you reach an agreement
  
• the document recording everything you’ve agreed
  
• the cost of asking a solicitor to turn the document into a legally binding agreement.
  

It will also cover the cost of the introductory meeting and the first session for your ex-partner, even if they don’t qualify for legal aid in their own right.

The mediator will apply for legal aid on your behalf. If you qualify, the government will pay them directly.

Are you already receiving legal aid for your divorce and would like to use a mediator? Then your solicitor will need to seek permission from the Scottish Legal Aid Board to cover your share of the costs of mediation.

However, if you’re referred to family mediation by the court, your share of the mediation costs will be automatically covered by legal aid.

In Northern Ireland, there’s a free of charge, pre-court family mediation service for parents who are separating.

If you’re already receiving legal aid for your divorce, this should also cover the costs of mediation. Your solicitor will need to ask permission of the Legal Services Agency for the costs to be covered. If you’ve been referred to mediation by the court, you don’t need to seek permission.

If you don’t qualify for legal aid but you can’t afford to pay legal fees, there are places you can go for free or low-cost advice.

Law Centres offer legal advice to people who live locally to them and some also run telephone advice lines. Some, but not all, can advise on family law.

LawWorks offers free legal advice clinics around the country, and some cover divorce and family law. 

Some trade unions offer legal services for non-work issues. This varies from union to union, but might cover a free consultation with a family lawyer or access to a free legal helpline.

Ask your union to see what help they can offer.

RCJ Advice (part of the Royal Courts of Justice) offer free legal advice if you can’t afford a solicitor and need help with a court case in England or Wales.

Many solicitors offer a free 30-minute initial consultation. This can help you find out your rights, your options and recommended next steps.

To get the most out of your appointment, work out what you’re going to ask beforehand.

If you’re not sure, speak to an adviser at your nearest Citizens Advice to help you decide what questions to ask the solicitor. Find your nearest branch:

•         in England and Wales, on the Citizens Advice website
•         in Northern Ireland, on the Advice NI website
  
•         in Scotland, on the Citizens Advice Scotland website

Look for a solicitor:

• in England or Wales, on the Resolution website. Solicitors who are members of Resolution are committed to minimising confrontation during divorce or dissolution. If you prefer, you can find a solicitor on the Law Society website
• in Scotland, on the Family Law Association (FLA) website FLA members are committed to minimising confrontation during divorce or dissolution. If you prefer, you can find a family lawyer on the Law Society of Scotland website
  
• in Northern Ireland, on the Law Society of Northern Ireland website

Then ask them if they offer a free consultation.

Or, contact Citizens Advice to ask if they can recommend a local solicitor who offers a free consultation.

You might be able to find a solicitor or barrister who is willing to take on your case as part of their pro bono work. Pro bono work is free legal help offered by some lawyers on a voluntary basis.

Then look on their website or ask them if they do pro bono work.

Then look on their website or ask them if they do pro bono work.

It is possible to go through the divorce or dissolution process with little or no help from a solicitor.

You can choose to represent yourself in court. Before you go down this route, contact Citizens Advice who will help you weigh up all your options. 

You might be able to get help paying court fees if you’re on certain benefits, or if you have savings and income below a certain amount.