Conditions for the award of legal aid

What resources for calculating legal aid?

The calculation of legal aid is based on: wages and salaries, retirement pensions, annuities, maintenance and rental income. On the other hand, family benefits (family allowances), active solidarity income (SSA), personalized housing assistance (PLA) or activity premium are not taken into account.

However, in the case of divorce proceedings or criminal proceedings following spousal violence, the applicant's resources and personal assets shall be retained.

Legal aid resource conditions applicable in 2023 in all departments, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon:

Different ceilings are set for the French Polynesia

Where there is no reference tax income or where it cannot be applied because of a change in circumstances, for example, the ceiling taken into account is twice the amount of taxable income received in the last 6 months, after deduction of a 10 % reduction. You can run a simulation to find out if you are eligible for legal aid: Estimating the amount of legal aid (Simulator)

Before you apply, make sure you are not entitled to legal protection.

What is the value of heritage?

Property heritage ceilings:

In order to be eligible for legal aid, the applicant must own property (excluding main residence and property intended for professional use) of less than € 36 808.

Ceiling amounts for real estate heritage applicable in 2023 in all departments, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon

Amounts are rounded to the nearest integer. Different ceilings on resources are provided for French Polynesia.

Ceilings relating to movable or financial assets:

The allocation of legal aid depends on savings (movable assets) and real estate assets (except the principal residence). Thus, to be eligible, the amount must be less than € 12 2712.

Ceiling amounts for movable or financial assets applicable in 2023 in all departments, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon

What parts to provide?

You can apply by filling out an online downloadable form: cerfa 16146*03 application for legal aid. To justify your resources, you will need to attach certain documents. The list of documents for a legal aid application is available in the application form. This is a notice issued by the Department of Justice which will inform you about the different parts to be provided according to your situation. If you have a contract or legal protection guarantee, you must produce a certificate stating that this assistance does not cover the costs of the trial and court assistants.

Where to apply for legal aid?

You must submit your application to the legal aid office of the court of your domicile.

You can also file your application with the Unique Reception Service of the litigant of the court of your domicile or the court or court competent for your case.

Do you need a court-appointed lawyer with legal aid?

The recipient of legal aid may choose his lawyer freely. If he refuses, a lawyer may be appointed. Having a public defender does not necessarily mean that you will receive legal aid. If you exceed the applicable income limits, you will have to pay your lawyer yourself, even if he is a court-appointed lawyer.

In the case of total legal aid, the lawyer may not ask for a fee. In the case of partial legal aid, he may ask for freely negotiable additional fees.