In Montenegro free legal aid is approved by the basic court through its free legal aid service or office, and provided by a lawyer taken in order from the Bar Association's list. Regardless of assets, it is available to recipients of social assistance and other social protection rights, children without parental care, persons with disabilities and victims of domestic violence and human trafficking, and since the December 2024 amendments also to victims of torture, victims of sexual offences and a child who has started proceedings to protect their rights. Others can receive aid if they are of limited means: they have no assets and the family's income does not exceed 30% of the average wage for the first member and 15% for each additional member. The request is decided within 15 days.
This guide explains who is entitled to free legal aid, the means test, what the aid covers, how to apply and how a lawyer is assigned.
Who can receive free legal aid?
- Montenegrin citizens.
- Stateless persons and persons applying to have that status determined.
- Foreigners seeking international protection, persons granted asylum and foreigners under subsidiary protection.
- Foreigners with permanent residence or approved temporary residence and other persons lawfully staying in Montenegro.
- Other persons under a ratified international treaty.
Who qualifies regardless of assets?
- Recipients of social assistance or another social protection right.
- Children without parental care.
- Persons with disabilities.
- Victims of domestic violence and human trafficking.
- Since December 2024 also victims of torture or inhuman or degrading treatment, victims of sexual offences, and a child who has started proceedings to protect the rights of the child.
Social protection recipients and children without parental care attach proof of that status, while victims of domestic violence, trafficking, torture and sexual offences attach a copy of the request to start misdemeanour proceedings or of the criminal complaint.
Once a court has finally established that a person is a victim of domestic violence, trafficking, torture or a sexual offence, they are also entitled to free legal aid in related family, civil and enforcement proceedings, as a rule with the same lawyer.
When are you of limited means?
- You have no assets, and the monthly income of you and your family does not exceed 30% of the average wage in Montenegro for the first member and 15% for each additional member.
- Family members are spouses and unmarried partners, children, adopted children, other relatives in the same household whom you are obliged to support, and since 2024 also same-sex life partners.
- Assets do not include a flat of up to one room for a single person, two rooms for a family of two or three and three rooms for a larger family, farmland of 20 to 60 ares depending on the number of members, other land up to two hectares except urban building land, a car worth up to four average wages and securities worth up to one average wage.
What does free legal aid cover?
- Legal advice and drafting documents: a lawsuit, a response to a lawsuit, an appeal, a constitutional complaint and an application to the European Court of Human Rights.
- Representation before first and second instance courts, the state prosecution and the Constitutional Court, in out-of-court dispute resolution and for extraordinary legal remedies.
- Exemption from court costs.
- Since December 2024 also drafting appeals, objections and responses in administrative procedures on social and child protection, health care and pension and disability insurance.
- Since December 2024 also sign language interpretation costs, exemption from notary costs in probate proceedings, and advice and representation before a public bailiff.
How do you apply?
- You submit the request on the prescribed form to the free legal aid service or office at the basic court.
- The request contains your personal details and those of family members, the case, the form of aid requested and a statement of assets and income, for whose accuracy you bear criminal and financial liability.
- The president of the basic court or a judge they authorise decides within 15 days, taking into account the deadlines in your case.
- When the request is approved, the service issues a referral naming the lawyer assigned in order from the Bar Association's list.
- If the conditions exist and you agree, the court may refer you to mediation, except in cases of domestic violence.
- In cases of domestic violence, children's rights and sexual offences, aid is as a rule provided by lawyers with at least three years of experience and special training.
- In 2024 courts received 371 requests and approved 324, or 87.3%.
What a lawyer costs without free aid is explained in our guide to lawyer fees, and probate before a notary in our guide to inheritance. Social assistance is covered in our guide to social assistance, and debt limitation periods and bailiffs in our guide to debt limitation.
Frequently asked questions
Who is entitled to free legal aid in Montenegro? Social protection recipients, children without parental care, persons with disabilities, victims of domestic violence, trafficking, torture and sexual offences, a child in proceedings to protect their rights, and persons of limited means.
How much income can a family have for free legal aid? The family's monthly income may not exceed 30% of the average wage for the first member and 15% for each additional member, and the applicant may not have assets.
Where do you apply for free legal aid? At the free legal aid service or office of the basic court, on the prescribed form.
How long does a decision on free legal aid take? The decision is made within 15 days of the request.
Can I choose my lawyer? No, the service assigns the lawyer in order from the Bar Association's list, but the recipient can ask for the lawyer to be replaced.
Does free legal aid also apply before notaries and bailiffs? Yes, since December 2024 it covers exemption from notary costs in probate and advice and representation before a public bailiff.
Sources
The beneficiaries, means test, forms of aid, request and decision deadline are set by the Free Legal Aid Act, whose current provisions are published in the amendment bill in the Parliament of Montenegro, while the new beneficiaries and forms of aid come from the December 2024 amendments, Official Gazette 123/2024. What does not count as assets, who decides, the option to replace a lawyer and the number of requests in 2024 are given in the Human Rights Action report of July 2025. The information was checked on 27 September 2026. Fijaka is a classifieds platform; this text is not legal advice.