3.4 Divorce

Legal aid is only available for a court application relating to divorce or nullity of marriage where the applicant:

• is an Aboriginal or Torres Strait Islander person, or
• has or is experiencing domestic and family violence.
  

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test,
• the Forum Test, and

It would not be reasonable to expect the applicant for legal aid to conduct the proceedings due to:

• the complexity of the matter, and
• the personal circumstances of the applicant (Family law guideline 3.15).

Note: Where the applicant for legal aid is in custody see Family law guideline 3.2.

Date last published: 1 July 2026