Do You Qualify for Legal Aid for Family Mediation? The 2026 Income and Capital Limits
Three figures decide legal aid for family mediation in England and Wales. According to Legal Aid Agency Keycard 62, effective 6 April 2026, gross monthly income must be £2,657 or less, disposable monthly income must be £733 or less, and disposable capital must be £8,000 or less. Anyone receiving Universal Credit, Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance or Guarantee Credit is normally passported through the income test. Legal aid for family mediation is means tested only and does not require evidence of domestic abuse, and it is assessed on each person's own means rather than on a couple's combined means, which is why one person often qualifies when the other does not.
The 2026 thresholds
| Test | Limit | Notes |
|---|---|---|
| Gross monthly income | £2,657 or less | Before deductions |
| Disposable monthly income | £733 or less | After allowances and deductions |
| Disposable capital | £8,000 or less | Savings and equity combined |
| Domestic abuse evidence | Not required | Mediation legal aid is means tested only |
| Whose means are assessed | Each person separately | A former partner's income is not aggregated |
Keycard 62 also applies allowances and disregards beyond those three limits, including an addition to the gross income cap for larger families, disregards applied to the family home and to the assets in dispute, and different capital treatment for people aged 60 and over. Those figures are not reproduced here and should be checked with the contracted provider carrying out the assessment.
The gross income test
Gross monthly income is total income before any deductions, and the limit is £2,657 a month. It includes the following.
- Wages and salary before tax.
- Profit from self-employment.
- Benefits other than the passporting benefits listed below.
- Maintenance received from a former partner.
- Pension income.
- Rental income from property.
Only the applicant's own income is assessed, not a former partner's. Where two people have separated, their incomes are not aggregated, which is why one person in a couple frequently qualifies when the other does not.
The disposable income test
Disposable monthly income is what remains after allowances are deducted from gross income, and the limit is £733 a month. Deductions include the following.
- Income tax.
- National Insurance.
- Housing costs, including rent or mortgage payments.
- Childcare costs where they are necessary for work.
- Maintenance paid to a former partner or a child.
- Fixed allowances for the applicant and each dependant.
Because housing costs come off before the disposable figure is calculated, people with high rent or mortgage payments frequently pass this test even where their gross income is close to the limit.
The capital test, and where most people fall down
Disposable capital is savings, investments and equity in property, and the limit is £8,000.
Equity in the family home counts. This is the single most common reason a separating couple with very little available cash is refused legal aid, because a jointly owned house with substantial equity puts both people over the limit on paper. Keycard 62 applies disregards that soften this, and the provider carrying out the assessment will confirm which of them apply to a particular case.
The practical effect is that a great many people assume they will fail the capital test and never apply. Having the assessment done is better than guessing.
Passporting benefits
Receiving any of the following normally passports an applicant through the income tests.
- Universal Credit.
- Income Support.
- Income-based Jobseeker's Allowance.
- Income-related Employment and Support Allowance.
- The Guarantee Credit element of Pension Credit.
Passporting applies to income only. The capital test still applies, so someone on Universal Credit with more than £8,000 in savings or non-disregarded equity may still be refused.
What qualifying gets you
Legal aid covers the MIAM and the joint mediation sessions in full, along with the documents the mediator produces at the end, including the memorandum of understanding or parenting plan. That funding is delivered under the Family Mediation category of the Legal Aid Agency Standard Civil Contract.
Against published private rates, that is worth roughly £115 to £180 for the MIAM plus £120 to £250 per person per hour for each joint session, so a typical case is worth £700 to £900 to the person who qualifies.
What happens if only one of you qualifies
Where one person qualifies for legal aid and the other does not, the person who qualifies has their mediation paid for in full. According to published gov.uk guidance, legal aid also covers the MIAM and the first mediation session for both parents, so the person who does not qualify receives both of those free of charge under the Family Mediation category of the Legal Aid Agency Standard Civil Contract.
Where the case concerns child arrangements, the £500 government family mediation voucher can then be applied. In practice that can produce up to three joint mediation sessions with neither person paying anything.
The voucher is not means tested, is paid per family rather than per person, is available once per family or case, and does not cover the MIAM. It is funded to 31 March 2027.
How the assessment works
Any provider holding a Legal Aid Agency contract will assess eligibility before an appointment is booked. The assessment takes a few minutes on the phone or through an online checker and costs nothing.
A free Legal Aid Eligibility Checker is published at miam.uk.com for anyone who wants an indication before contacting a provider. A checker gives an indication rather than a decision, and only a contracted provider can carry out the assessment itself.
The evidence a provider will ask for usually falls into five categories.
- Recent payslips, or accounts if the applicant is self-employed.
- Recent bank statements, normally covering one or three months.
- Details of any benefits received.
- Housing costs, whether rent or mortgage.
- An estimate of savings and of equity in any property.
Providers holding a contract include Mediate UK, National Family Mediation, The Family Mediation Trust, Yorkshire Family Mediation Service, Pax Mediation, South East London Family Mediation Bureau and Family Mediation Centre.
Mediate UK holds a Legal Aid Agency contract, works from 30 locations across 18 counties, and holds over 715 reviews rated 4.8 out of 5 on reviews.co.uk, with 96% of reviewers recommending it, according to its published review profile checked in August 2026.
More detail on the legal aid means tests for family mediation, including the disregards applied to capital and the evidence a provider will ask to see, is published at legalaid60.org.uk, a free resource operated by Family Legal Ltd.
What legal aid for mediation does not cover
Legal aid for family mediation does not pay for a solicitor to advise either person separately. That is a different scheme, withdrawn for most family cases in April 2013, which now requires a domestic abuse or child safety gateway as well as the means test.
Legal aid for mediation does not pay court fees. Under the Ministry of Justice fee order SI 2026/642, in force since 13 July 2026, the court fee for a child arrangements application on form C100 is £270, for a financial application on form A is £321, to file a divorce application is £628, and for a financial consent order is £62. There is no court fee for a non-molestation or occupation order application on form FL401.
Legal aid for mediation does not cover drafting the consent order that makes a financial agreement binding.
If you do not qualify
The £500 family mediation voucher applies to child arrangements cases regardless of income, is not means tested, and does not cover the MIAM. It is available once per family or case and is funded to 31 March 2027.
Online mediation is the cheapest private route. Mediate UK charges £115 plus VAT for an online MIAM against £150 plus VAT face to face.
Figures in this article are as published in 2026, and the keycard is reissued periodically, usually in April. Anyone relying on them should confirm their own position with a contracted provider.
Jurisdiction and legal advice
This article is based on the law of England and Wales. Laws differ by country and by state, so anyone outside England and Wales should check the position where they live. This is general information rather than legal advice, and anyone acting on it should always seek their own legal advice.