Who has the right to benefit from legal aid in the event of divorce?
Jurisdictional aid is a help granted by the State in order to finance lawyers’ fees within the framework of a legal proceedings. During a divorce, this financial aid can be granted under conditions.
Nationality condition
In France, it is not possible to benefit from legal aid only in condition of being of French nationality or being a national of the European Union (except Denmark). In addition, legal costs must not be covered by legal protection or insurance.
Resource conditions
Jurisdictional aid is attributed individually to each spouse, regardless of the type of divorce. Even in a divorce by mutual consent, the procedure legally opposes the two parties, only the applicant’s resources are taken into account to determine their right to this aid.
Online legal assistance simulator
The Government provides you with a simulator to estimate your rights for legal aid in the event of divorce. You have to indicate:
- the number of people making up the home,
- the total sum of taxable taxable income of the last six months,
- the total sum of savings,
- the total sum of heritage.
At the end of the simulation, you know your eligibility and estimated level of management.
What is the scale of resources not to be exceeded in 2025 to benefit from it?
In this context, you can benefit from it if your reference tax income and the value of your wealth are lower than the following ceilings:
These three ceilings can be increased if you have dependent people. If the value of your heritage exceeds one of the two fixed ceilings, you cannot claim legal aid, whether total or partial. On the other hand, if your reference tax income exceeds the resource ceiling, you can benefit from partial legal aid.
What is the AJ care rate in the event of divorce?
Jurisdictional aid (AJ) does not vary depending on the procedure. Its care rate is total or partial depending on your income and the composition of your tax household:
How to get legal aid for a divorce?
The request for legal aid to divorce requires following several steps.
Fill out the online request form
The request for legal aid can be done directly online, on the dedicated site helpjuridized.justice.fr. Just complete the form on:
Print the Cerfa 16146*03 jurisdictional assistance request form
You can also download the dedicated form Print it, complete it and send it to the legal aid office of the judicial court of your home or to a lawyer.
Join supporting documents to the request file
You will then have to join the necessary supporting documents, including:
- copy of the national identity card,
- proof of address,
- last tax notice,
- three last salary slips,
- Legal protection certificate …
Can you choose your lawyer to divorce?
Each of the spouses is free to choose their lawyer in the event of a divorce. However, if you benefit from legal aid, you must choose a lawyer accepting legal aid. Please note, all lawyers do not necessarily accept it. Note that if you do not have a lawyer, the legal aid office is able to designate an automatic one.
What are the costs of divorce covered by legal aid?
Jurisdictional aid covers all or part of the costs linked to the divorce procedure according to the beneficiary’s situation.
In the event of 100 % support for AJ
In the event of 100 % coverage under the AJ, most of the costs are covered in their entirety: lawyer fees, transplant and bailiff fees, expertise fees for expertise ordered by the judge.
In case of partial care
In the event of partial care, only part of these costs will be covered by legal aid. Depending on your income, the balance will remain at your expense.
Note that some costs are not covered by legal aid. This is the case, for example, notary fees if real estate is to be shared or even expert fees when it is not ordered by a judge.
How much does a lawyer touch with legal aid for a divorce?
As soon as legal aid is granted, lawyers’ fees are fixed by law and vary according to the nature of the divorce:
- For a divorce accepted, for fault or for definitive alteration of the marital link, the lawyer receives 1,092 euros including tax if legal aid is total. If the aid is partial, the State pays only part of this sum to the lawyer, the latter having the possibility of asking you for an additional fee.
- For a divorce by mutual judicial consent (if a child asks to be heard by the judge), the lawyer receives 723 euros including tax if the aid is total. The same solution as the previous one applies if the AJ is partial.
What are the CAF aid available in the event of divorce?
In addition to legal aid, you can benefit from certain CAF aids. If you are already a beneficiary, you must declare your separation as soon as possible from your personal CAF account. You must then transmit a supporting document, for example:
- search for separate accommodation;
- family mediation procedure;
- divorce procedure;
- Pension fixing …
You must then find out about the various aids that could correspond to your new family situation. For example :
If you are not a beneficiary, you must verify that you meet the general conditions to benefit from family allowances. If so, you must create your account and follow the procedure online.
