The Executive Order on legal aid can be found here (danish).
In determining whether the applicant meets the financial requirements for legal aid, the income base consists of the sum of:
- the personal income and
- the capital income, including income from shares and CFC income, cf. Section 1 of the Executive Order.
If the sum of the capital income, income from shares, and CFC income is negative, it is disregarded. A negative amount cannot be subtracted from the personal income. For cohabiting couples, this applies only if the couple has a negative income from the mentioned sources in total.
For the calculation of the income base, the tax assessment for the previous calendar year is used. For applications in 2025, the tax assessment for 2023 will be used.
In 2025, the income base of a single applicant must not exceed DKK 385,000.
If the applicant is married or in a cohabiting relationship, the couple's combined income base must not exceed DKK 490,000. However, if the couple has conflicting interests in the case, the applicant is considered as a single person in relation to the income threshold.
The stated amounts are increased by DKK 67,000 for each child under 18 years of age, including stepchildren and foster children, who either live with the applicant or are primarily supported by them.
If the applicant's current income situation differs significantly from what is shown in the tax assessment for 2023, the current income situation may be used as the basis, cf. Section 2 of the Executive Order.
If the applicant is under 18 years of age, the financial situation of the parents may also be considered, cf. Section 3 of the Executive Order.
In exceptional cases, an exemption may be granted if the applicant does not meet the financial conditions for legal aid, if the applicant is deemed to have a particularly special need for assistance, or if the case is expected to incur exceptionally high costs.
Insignificant Case Costs
Legal aid cannot be granted if the costs of the case are deemed to be insignificant in relation to the applicant's income base, cf. Section 325, Subsection 2 of the Administration of Justice Act. In assessing whether the costs of the case are likely to be insignificant in relation to the applicant’s income base, it is also considered whether the lawsuit is intended to be filed by multiple parties or if it will affect multiple parties, so the costs can be shared.
Legal Entities
For legal entities (such as a company, an association, a non-profit institution, an estate under public administration, or an insolvent estate), it is, according to practice, a condition for legal aid that the legal entity cannot pay the costs associated with the case without suffering significant hardship. This is an assessment of discretion, where various elements such as liquid assets, equity, turnover, and other factors may be considered and weighted accordingly.