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Help with legal costs

Legal aid is help with the costs of legal advice for people who can’t afford it. It means you can get advice from a solicitor for free or for a reduced fee. Whether you qualify for legal aid will depend on your income and the type of legal problem you have.

  1. Legal aid in England and Wales
  2. Legal aid in Scotland

Legal aid in England and Wales

In England and Wales, you will get legal aid to help with legal costs around separation if you get:

  • Income Support
  • the Guarantee Credit part of Pension Credit
  • income-based Jobseeker’s Allowance, or
  • income-based Employment and Support Allowance.

You may also get legal aid if:

  • you have savings or assets worth less than £8,000, and
  • your monthly income (before tax) is less than £2,657, and
  • your monthly disposable income (what’s left after deducting National Insurance, tax, rent/mortgage and other expenses) is less than £733, or
  • you are experiencing domestic violence or abuse.

The amounts above were correct in August 2009.

Getting legal aid does not necessarily mean your advice will be completely free. In some cases, it just means you won’t have to pay the full amount.

Visit Directgov to find out if you qualify for legal aid.

Legal aid in Scotland

The rules on who can get legal aid are different in Scotland. There are two different categories of legal help available to parents who are separating:

  • Advice and Assistance – this is for things that can be decided without going to court, such as mediation or general advice from a solicitor. It is only available for advice costing up to £180.
  • Civil Legal Aid – this is for having a solicitor to represent you in court.

Getting Advice and Assistance

You will automatically get Advice and Assistance if you get:

  • Income Support
  • income-based Jobseeker’s Allowance, or
  • income-based Employment and Support Allowance.

Other people can sometimes get Advice and Assistance. If you have weekly disposable income (what’s left after deducting National Insurance, tax, rent/mortgage and other expenses) of more than £234 and disposable capital of £1,639 or more, you cannot get Advice and Assistance.

Getting Civil Legal Aid

You will normally get Civil Legal Aid if you get:

  • Income Support
  • income-based Jobseeker’s Allowance, or
  • income-based Employment and Support Allowance.

You may also get Civil Legal Aid if:

  • you have savings or assets worth less than £12,439, and
  • your monthly disposable income is less than £2084.

The amounts above were correct in August 2009.

Getting legal aid does not necessarily mean you will not have to pay for a solicitor at all. In some cases, it just means that you won’t have to pay the full amount.

To help you find out if you can get legal aid, use the legal aid calculator on the Scottish Legal Aid Board website, www.slab.org.uk, or call the helpline on 0845 122 8686.