Free legal aid and advice
You will know whether you can get a lawyer paid by the state, how to apply and where to get free first advice.
Legal aid in Spain is a separate system from paid lawyers. It has its own rules on who qualifies, who decides and how fast you must act. This topic is for anyone planning or carrying out a move to Spain who may need legal help and has limited means.
Pick the article that fits your situation
Do you qualify for free legal aid (justicia gratuita) as a foreigner?
Explains how to tell whether you can get free legal aid in Spain as a foreigner: which residence status counts, how household income is measured, which groups skip the income test, and which cases are covered.
How to apply for free legal aid and what happens next
Where to file a free legal aid application in Spain, who decides it, how long the decision takes, and how applying affects court deadlines that are already running. For anyone who needs a lawyer but cannot afford one.
What the duty lawyer (abogado de oficio) does for you
Explains what a free duty lawyer does if your legal aid is granted: who assigns the lawyer, what the service covers, how little choice you have, and what to expect. For anyone in Spain who may need legal aid.
Free legal aid if you are not resident or live abroad
Explains who can get free legal aid in Spain without living there: residents of other EU countries through the cross-border route, and the narrower options for non-EU citizens who live abroad.
What to do if legal aid is refused or must be repaid
If your free legal aid application is refused, you can challenge it before a judge, but only within a short deadline. This page also explains when you may have to repay the costs. It is for applicants refused aid and for anyone already receiving it.
Where to get free first legal advice in Spain
Shows where to get a free first legal opinion in Spain and how to find the local office: the provincial bar association's orientation service, migrant NGOs, town hall advice offices and university clinics. For anyone in Spain, with or without papers.
About this topic
After reading, you will know whether you can get a lawyer paid by the state, how to apply, and where to get free first advice. It also covers the duty lawyer (abogado de oficio), legal aid for people who are not resident or live abroad, and what to do if your request is refused or you have to repay.
Start with "Do you qualify for free legal aid (justicia gratuita) as a foreigner?". It helps you judge your chances by income, household, residence status and type of case. From there, move on to how to apply, or go straight to the page on free first legal advice if you only need a first opinion.
This topic does not cover what a private lawyer charges, or general crisis help from NGOs.
Key rules
- Income limit: You generally qualify if your household's yearly income is no more than twice the IPREM (annual, 14 payments), or 2.5 times for families of four or more.
- Decision time: The commission has 30 days to decide, and if it stays silent the aid is treated as granted.
- Repayment period: If your finances improve within three years of the end of the case, you may have to repay the costs.
- Challenging a refusal: You have 5 working days from being notified of a refusal to challenge it before the judge.
- No income test: Victims of gender violence and human trafficking get aid whatever their income or residence status, for proceedings linked to their situation.
- Where to file: File at the Colegio's Servicio de Orientación Jurídica or at the court handling your case.
Free legal aid and advice: the whole process, step by step
Free legal aid from first step to last
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Check whether you qualify (read: Do you qualify for free legal aid (justicia gratuita) as a foreigner?): Before you start your case, or as soon as you can
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Get free first advice if you are unsure (read: Where to get free first legal advice in Spain): Before you apply
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Apply for legal aid (read: How to apply for free legal aid and what happens next): Before your first filing or deadline. The aid does not cover work done before you apply
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Living abroad or not resident: send the EU application form to the authority in your country of residence (read: Free legal aid if you are not resident or live abroad): Before the case starts. That authority has 15 days to forward the form, and Spain may ask for a translation
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Court deadlines are paused while your application is pending: From the moment you apply until a lawyer is provisionally assigned or the decision is final
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Wait for the decision (read: How to apply for free legal aid and what happens next): The commission has 30 days to decide, and if it stays silent the aid is treated as granted
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Work with your assigned lawyer (read: What the duty lawyer (abogado de oficio) does for you): Once a lawyer is assigned
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If aid is refused, challenge it before the judge (read: What to do if legal aid is refused or must be repaid): You have 5 working days from being notified of a refusal
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If you do not challenge, act on your case within the time left: Court deadlines start running again from the day you are notified of the final refusal; if you challenge, they stay paused until the court decides
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Repay the costs if your finances improve (read: What to do if legal aid is refused or must be repaid): If your finances improve within three years of the end of the case
Documents you may need
Identity and residence
- ID: your DNI, NIE or passport — How to apply for free legal aid and what happens next
Income and work
- Proof of income for every household member — How to apply for free legal aid and what happens next
Other documents
- The official application form — How to apply for free legal aid and what happens next, Free legal aid if you are not resident or live abroad
- Proof of property and assets — How to apply for free legal aid and what happens next
- Documents about your case — How to apply for free legal aid and what happens next
- Supporting documents in Spanish or another language Spain accepts — Free legal aid if you are not resident or live abroad
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