Bundesportal | Legal Aid; Application

More Information

Publisher

Bavaria

Last update or date of publication

October 12, 2026

Litigation costs money—for both the plaintiff and the defendant. Anyone who cannot afford the costs may be eligible for legal aid.

The granting of legal aid means, in particular, that the applicant is required to pay only the set installments to the court cashier. This also applies to costs incurred if the court appoints an attorney to represent the applicant. However, it does not exempt the applicant from the obligation to reimburse the opposing party for the costs incurred by the opposing party if the applicant loses the case.

A separate decision on legal aid is made for each level of court.

In family matters and in matters of non-contentious jurisdiction, legal aid is referred to as “procedural cost assistance.” It is essentially subject to the same requirements as legal aid.

Legal aid and procedural cost assistance are subordinate to an advance on legal and procedural costs. The spouse entitled to support may have a claim against the spouse obligated to provide support to advance the costs of a legal dispute in personal matters (so-called “advance payment claim under maintenance law”). This claim arises from the obligation to provide support. It applies only to legal disputes that are closely related to the person or needs of the spouse entitled to support (such as proceedings concerning the marriage, but also guardianship matters, proceedings concerning honor or liberty, the restoration of health, etc.). The same applies to adult children vis-à-vis their parents who are obligated to pay support. If this claim for an advance exists and can be enforced in a timely manner, the right to legal aid for court and procedural costs is waived.

The family court with jurisdiction over the maintenance matter may, upon application by the person entitled to maintenance, order the person obligated to pay maintenance—e.g., the spouse—by means of a temporary injunction to provide an advance payment of costs for the court proceedings.

In labor court proceedings , the provisions of the Code of Civil Procedure regarding legal aid apply mutatis mutandis.

In social court proceedings , the provisions of the Code of Civil Procedure regarding legal aid apply mutatis mutandis, although the proceedings are free of charge in most cases and representation by counsel is mandatory only for proceedings before the Federal Social Court. At the request of a party, the court may select the attorney to be appointed. Legal aid is not granted if the party is represented by another authorized representative (e.g., a member or applicant of a labor union or association).

In administrative court proceedings , the provisions of the Code of Civil Procedure regarding legal aid apply mutatis mutandis.

Antrag auf Prozesskostenhilfe / Verfahrenskostenhilfe

Preconditions

The prerequisite is that, based on their personal and financial circumstances, the applicant is unable to cover the costs of litigation, or can cover them only in part or only in installments. The intended legal action or defense must also have a reasonable prospect of success and must not appear frivolous.

To determine the applicant’s financial capacity, the so-called “disposable income” must be calculated. This is the net income minus certain amounts that must be available to the applicant and his or her family for living expenses, the costs of housing and heating, and, if applicable, extraordinary expenses. From the remaining amount of monthly income, up to 48 monthly installments equal to half of the “disposable income” must be set aside. The applicant must also use their assets to the extent that this is reasonable to expect of them.

Legal aid will not be granted if the costs of the proceedings are not expected to exceed four monthly installments plus the partial amounts to be contributed from the applicant’s assets.

A reasonable prospect of success exists if the court considers the applicant’s legal position to be justifiable and is convinced that evidence can be presented to support it.

A legal action or defense is considered frivolous if a party not claiming legal aid would, upon a reasonable assessment of all circumstances, refrain from pursuing or defending the case.

Hints

The indigent party must promptly notify the court of any change of address on its own initiative.

If the financial circumstances of the party in need improve, the party must also notify the court immediately. An increase in income is considered significant if the difference from the gross income previously used as a basis exceeds 100 EUR on more than one occasion. The same threshold applies if eligible expenses are no longer incurred.

If a party’s financial circumstances deteriorate, it may be advisable to file a new application for legal aid if the previous application was denied.

Basis for legal action

§ 113 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

§ 11a Arbeitsgerichtsgesetz (ArbGG)

§ 166 Verwaltungsgerichtsordnung (VwGO)

§ 246 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

§ 73a Sozialgerichtsgesetz (SGG)

§§ 114-127 Zivilprozessordnung (ZPO)

§§ 76 - 78 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

Legal Remedies

The State Treasury may challenge the granting of legal aid only to a limited extent. Under certain conditions, the party concerned may challenge the denial or revocation of legal aid by filing an immediate appeal.

Procedure

An application for legal aid must be submitted in writing, via electronic legal communication, or orally for the record at the court clerk’s office. Submitting an application for legal aid via email is not permitted. Information on how to communicate digitally with the court can be found on the website of the respective court.

The competent court is the trial court, the court handling the enforcement proceedings, or—if enforcement is carried out by a bailiff—the local court with jurisdiction over the debtor’s place of residence.

The application must describe the dispute, including a list of the evidence. A fully completed statement regarding your personal and financial circumstances (in particular, income, assets, maintenance obligations, and other liabilities), as well as supporting documents for the information provided, must be included. A standard form must be used for the declaration, which can be obtained from the court or downloaded from the federal and state justice portal on the Internet.

The court may conduct an investigation to assess the likelihood of success and to determine whether the legal action appears to be frivolous. In particular, it may order the production of documents and request information. Witnesses and experts are heard only in exceptional cases. Before granting legal aid, the applicant’s opposing party must generally be given an opportunity to comment.

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