Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he will take steps to ensure that individuals seeking a divorce are automatically eligible for legal aid in cases where evidence demonstrates that a child of the family has been subjected to abuse.

This Government recognises that legal aid – a vital part of the justice system – supports the ability of individuals to access publicly funded legal assistance to uphold their legal rights.

Legal aid is available for private family proceedings, such as divorce and financial remedy proceedings, if an adult is a victim of domestic abuse or at risk of being abused. Funding is subject to providing the required evidence of domestic abuse and passing the means and merits tests. The Government recognises that abuse may include behaviour directed at a third party, for example the victim’s child, to influence the victim. In May 2025, we amended the legislation to explicitly reflect this definition of domestic abuse; it now reflects the definition of domestic abuse from the Domestic Abuse Act 2021, and it clarifies that behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual.

Legal aid is available for individuals for some private family orders, such as child arrangement orders or prohibited steps orders, if the child who is the subject of the order is a victim of child abuse or at risk of abuse. This is subject to providing evidence of child abuse and passing the means and merits tests.

The Government monitors legal aid provision and is carefully considering the criteria that govern financial eligibility for legal aid.

Where an issue falls outside the scope of legal aid, eligible individuals may be able to obtain Exceptional Case Funding where they can show that, without the provision of legal aid, there is a risk that their human rights may be breached.