Legal aid helps people access legal advice when they cannot afford to pay privately. For families dealing with separation, domestic abuse or child arrangements, it can make a significant difference.
The legal aid rules have been under review for some time. In 2026, changes to the legal aid means test are expected to make support available to more people.
Why are the rules changing?
The legal aid means test looks at a person’s income, savings, property and wider financial situation.
For many years, the limits have not kept pace with the cost of living. This means some people have been refused legal aid, even when they could not realistically afford legal advice.
The 2026 changes aim to make the system fairer and easier to access.
Learn more about the legal aid means test review here.
What could change in 2026?
The changes are expected to widen access to civil legal aid. This may help more people qualify for advice and representation in family law cases.
Higher financial limits
The financial limits for legal aid are expected to change. This means some people who were previously outside the rules may be able to qualify in future.
A fairer view of income and capital
The updated rules should look more carefully at a person’s real financial position. This includes whether they can actually access money, savings or property.
More support for domestic abuse victims
The changes should improve access to legal aid for people affected by domestic abuse, coercive control or financial abuse.
Regular reviews of the rules
The financial limits are expected to be reviewed more often. This should help stop the system falling behind the cost of living again.
Legal aid and domestic abuse
The changes should improve access to legal aid for victims of domestic abuse.
This includes people who need protection through the family court, such as a non-molestation order or occupation order.
Coercive control
In some relationships, one person controls the money, bank accounts or property. This can leave the other person unable to pay for legal advice, even if assets exist on paper.
Joint property
A person may have an interest in a home but be unable to sell it, borrow against it or safely access its value. The updated approach should make it easier for this to be considered.
Financial abuse
Financial abuse can stop someone from accessing their own money. Legal aid rules need to reflect the difference between money that exists and money a person can actually use.
Will everyone qualify for legal aid?
No. Legal aid will still depend on your circumstances and the type of case.
Your income, savings, property, benefits and household costs may all be considered. The Legal Aid Agency may also need evidence before making a decision.
However, the 2026 changes should mean that more people can access support than before.
What should families do now?
If you are dealing with a family law issue, it is worth checking whether legal aid may be available.
Domestic abuse
If your case involves domestic abuse, you may be able to get support for urgent protective action through the family court.
Child arrangements
Legal aid may be available in some cases involving children, especially where there are safety concerns or evidence of abuse.
Separation from an abusive partner
If you are leaving an abusive relationship, legal aid may help you understand your rights and take steps to protect yourself and your children.
Previous legal aid refusals
If you have been told before that you do not qualify, it may be worth checking again as the rules change.
Learn more about Redesigning and rebuilding ‘Check if you can get legal aid’
Speak to Maria Fogg Family Law
At Maria Fogg Family Law, we understand how stressful family law issues can be.
If you are unsure whether legal aid is available, we can talk through your circumstances and explain your options clearly.
Contact our team today to find out how we can help. View our legal aid page here.
