Policies
5. Family Law Matters – when legal aid is available
5.9. Divorce and nullity of marriage
5.9 Divorce and nullity of marriage
Legal aid is available for a court application relating to divorce or nullity of marriage.
For legal aid to be granted the following tests must be satisfied:
- the Means Test
- Merit Test
- the Availability of Funds Test, and
Legal Aid NSW is satisfied that:
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.
Note: Where the applicant for legal aid is in custody see Family Law Guideline 2.19.
Note: This service will be provided by an in-house legal practitioner unless there are exceptional circumstances (see Representation Policy 12.4.4 Family law matters: Divorce matters)
Date Last Published: 31/08/2020