Being right should not depend on money
A German lawsuit can quickly cost several thousand euros, and the court asks for an advance before it even serves the claim. So that nobody has to give up their rights for lack of money, there is legal aid (Prozesskostenhilfe) under §§ 114 to 127 ZPO. In family matters it is called Verfahrenskostenhilfe and follows the same rules.
The two requirements
Legal aid is granted to anyone who, given their personal and financial circumstances, cannot pay the costs, can pay only part of them or only in instalments (§ 114 ZPO). In addition, the claim or defence must have reasonable prospects of success and must not be frivolous. A case is frivolous if a party paying its own way would sensibly not bring it, for example because the opponent could not pay anyway.
The court checks the prospects only summarily. It is enough that your position is arguable and that taking evidence is a serious possibility. The other side is given the chance to comment (§ 118 ZPO).
How income is assessed
The starting point is your monthly income. Taxes, social security and insurance are deducted, plus allowances for yourself, your spouse and dependent children, and for people in work (§ 115 (1) ZPO). The allowances are based on social assistance rates and are announced every year on 1 January; for 2026 in the legal aid notice of 19 December 2025. Rent and heating are also deducted as long as they are reasonable.
What remains is your disposable income. If half of it is below €10, you receive legal aid without instalments. Otherwise the court sets monthly instalments of half your disposable income, rounded down to whole euros (§ 115 (2) ZPO). If disposable income exceeds €600, the instalment is €300 plus the part above €600. No more than 48 monthly instalments are payable, however many instances there are. You must use your assets where reasonable; a protected amount, as in social assistance, remains untouched.
Example
Suppose that after all deductions you have €120 of disposable income a month. The instalment is then €60. For a €5,000 claim with your own lawyer and a judgment, your own costs are €1,078.44 for the lawyer and €511.50 for the court. You pay this off in €60 instalments, for about 27 months. If the costs are not expected to exceed four monthly instalments, no legal aid is granted (§ 115 (4) ZPO), because you can then fund the case yourself.
What legal aid does not pay
The most important point is often overlooked: legal aid only covers your own costs. If you lose, you must reimburse the other side's lawyer yourself (§ 123 ZPO). At a €5,000 value that is €1,078.44. Legal aid therefore reduces your cost risk but does not remove it. The legal costs calculator shows the 'other side's lawyer' share separately.
A reduced fee table applies to your own lawyer: for values above €4,000 the state pays lower amounts than the regular fees (§ 49 RVG). That makes no difference to you; while legal aid is in place, the lawyer may not charge you the difference.
Four years of review
The grant is not final. If your circumstances improve significantly, you must tell the court without being asked; for regular income, once the improvement exceeds €100 gross a month on an ongoing basis (§ 120a ZPO). The court may then set or raise instalments. This also applies if you obtain money through the case itself. After four years, no change to your disadvantage is possible.
How to apply
1. Fill in the form 'Declaration of personal and financial circumstances'; it is the same nationwide and available at every court.
2. Attach evidence: payslips, tenancy agreement, bank statements, benefit notices.
3. File the application together with the claim, or in advance with a draft claim. A lawyer can do this for you; an initial consultation is possible through advisory assistance (Beratungshilfe).
This article is not legal advice. Whether you qualify is decided by the court in each case.