Litigation costs money - for both the plaintiff and the defendant. Anyone who cannot afford the costs may be entitled to legal aid.

If legal aid is granted, the applicant only has to pay the fixed installments to the court cashier. This also applies to the costs incurred if the court appoints a lawyer to represent the applicant. However, it does not release the applicant from the obligation to reimburse the costs incurred by the opponent in the event of losing the case.

Legal aid is decided separately for each instance.

In family matters and in matters of voluntary jurisdiction, legal aid is called ”legal aid”. It is essentially based on the same conditions as legal aid.

Legal and procedural cost assistance is subordinate to an advance on legal and procedural costs. The spouse entitled to maintenance may have a claim against the spouse obliged to pay maintenance to advance the costs of a legal dispute in personal matters (so-called advance claim under maintenance law). This claim is a consequence of the maintenance obligation. It only exists for legal disputes that are closely related to the person or needs of the spouse entitled to maintenance (e.g. proceedings concerning the marriage, but also care matters, proceedings concerning honor or freedom, the restoration of health, etc.). The same applies to adult children vis-à-vis their parents who are liable to pay maintenance. If this advance claim exists and can be enforced promptly, there is no entitlement to legal aid.

The family court responsible for the maintenance case can, at the request of the maintenance creditor, oblige the maintenance debtor, e.g. the spouse, to pay an advance on costs for the court proceedings by means of an interim order.

In labor court proceedings , the provisions of the Code of Civil Procedure on legal aid apply accordingly.

In social court proceedings , the provisions of the Code of Civil Procedure on legal aid apply accordingly, although the proceedings are free of charge in most cases and representation is only mandatory for proceedings before the Federal Social Court. At the request of the party involved, the court can select the lawyer to be assigned itself. Legal aid will not be granted if the party involved is represented by another authorized representative (e.g. member or applicant of a trade union or association).

In administrative court proceedings , the provisions of the Code of Civil Procedure on legal aid apply accordingly.