- You are financially eligible if you qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, or if paying for a lawyer would reduce your income enough to qualify.
- The Commission can find you eligible even if your income is too high where a lawyer would cause undue financial hardship.
- If legal aid is refused, you can appeal to the Commission by written request for review.
Separation, parenting and support disputes can be expensive, and many people wonder whether Nova Scotia Legal Aid can help. There are two questions: whether your type of case is covered, and whether your finances qualify.
This article explains both tests, what happens if you are refused, and how to take the next step. Exact income thresholds are not set out here, so confirm the current figures with Nova Scotia Legal Aid.
This article covers the law of Nova Scotia.
The financial test
Under the Legal Aid Regulations, you are financially eligible if you qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act. You can also be eligible if getting services outside the legal aid plan would reduce your income enough that you would qualify.
In plain words, there are two ways in: receiving certain benefits, or showing that paying for a lawyer privately would bring your income down far enough that you would qualify. Which one fits you depends on your finances.
The Commission may require you to make a contribution toward the cost. You cannot be required to sell your principal residence.
When your income is above the usual amounts
Being over the usual income limits does not always end the matter. The Commission can find you eligible even if your income exceeds the usual amounts where retaining a lawyer would cause undue financial hardship.
If you think this fits you, explain your debts, support obligations and living costs clearly when you apply. Whether hardship is met depends on your facts.
Which family matters are covered
Family coverage under Tariff 2 includes matters under the Parenting and Support Act, the Divorce Act, the Children and Family Services Act and the Adult Protection Act, plus separation agreements and family appeals. The tariff allows set hours for different matters; for example, an uncontested application is allowed 5 hours and a contested custody matter 20 hours.
| Type of matter | Covered under Tariff 2? |
|---|---|
| Parenting and Support Act matters | Yes |
| Divorce Act matters | Yes |
| Children and Family Services Act matters | Yes |
| Separation agreements | Yes |
| Family appeals | Yes |
Passing the financial test does not guarantee coverage of every step of your case, so ask what hours and services would apply to you.
Where your family case is heard
Knowing where your case will be heard helps you understand what you are asking legal aid to cover. Divorces in Nova Scotia are heard in the Supreme Court of Nova Scotia (Family Division). That court hears parenting arrangements (decision-making responsibility and parenting time), child support, division of matrimonial assets and debts, divorce, and child protection proceedings under the Children and Family Services Act.
- Conciliation: a court officer meets the parties to identify issues and explore settlement, and it is mandatory in some courts for certain applications.
- Mediation: a neutral mediator who cannot make orders; court referral generally needs an active application.
- Settlement conferences: voluntary and led by a judge.
- Parent Information Program: mandatory when a court application involving children is filed in the Family Division, though parents can also attend voluntarily.
Whether legal aid would help with any of these steps depends on your situation, so ask Nova Scotia Legal Aid when you apply.
If legal aid is refused
If Nova Scotia Legal Aid refuses, suspends or withdraws legal aid, you can appeal to the Commission by written request for review. The decision-maker submits a written report with reasons. The Commission then considers it and, on request, hears you in person.
A refusal is not necessarily the final word, and the review process is built around writing things down. Clear reasons and good paperwork make it easier to explain what you think was missed.
- Ask for the reasons for the decision in writing.
- Put your request for review in writing and keep a copy.
- Ask to be heard in person if you want to explain your situation.
- Gather proof of income, debts and benefits to support your request.
What to do next
Contact Nova Scotia Legal Aid to start an application and ask what they will need from you. Application steps and current income amounts should be confirmed with them directly.
- Gather recent income proof, benefit statements and a list of debts.
- Write a short summary of your family issue and any court dates.
- Bring any court papers or agreements you have received.
- Note your children's ages and living arrangements.
- Ask about any contribution you may be asked to pay.
- Do not miss court deadlines while your application is pending.
Frequently asked questions
Do I need to be on social assistance to qualify?
No. You are financially eligible if you qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, or if paying for services outside the plan would reduce your income enough to qualify. The Commission can also find you eligible where a lawyer would cause undue financial hardship.
Will I have to sell my house?
An applicant cannot be required to sell their principal residence. The Commission may still require a contribution.
Does legal aid cover divorce and custody?
Family coverage includes matters under the Divorce Act and the Parenting and Support Act, plus separation agreements and family appeals. For example, an uncontested application is allowed 5 hours and a contested custody matter 20 hours.
What can I do if I am refused?
You can appeal to the Commission by written request for review. The Commission considers the decision-maker's written report and, on request, hears you in person.
Sources
- Nova Scotia Courts - Supreme Court (Family Division) — courts.ns.ca
- Legal Aid Regulations (Nova Scotia) — novascotia.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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