Legal Aid in Germany (Verfahrenskostenhilfe)

Key takeaways

• If you can’t afford a lawyer in Germany, you can apply for legal aid at the local court.
• You can choose your own lawyer even if you receive legal aid.
• We have partnered with several English-speaking lawyers who can support you with different legal situations. Some of the lawyers even offer free initial consultation. You can book a call with the lawyers here.
• You must notify the court if your financial situation changes during the litigation or up to 4 years after its conclusion.
• Legal aid doesn’t cover the opposing party’s legal costs if you lose.

This is how you do it

• Submit in writing or on record in the court that you need legal aid.
• You must submit evidence and facts of the lawsuit while filing the legal aid application.
• Use the form “Declaration of personal and economic circumstances in the case of legal aid” to declare your financial situation.

Table of Contents

What can you do if you can’t afford a lawyer in Germany?

You find yourself in a legal dispute. But you can’t afford a lawyer to represent you in the court.

In this situation, you can apply for legal aid (Verfahrenskostenhilfe in German) to a local court. You must submit proof of your financial situation along with the application to get legal aid.

You can also apply for legal aid to receive legal advice if you can’t afford a lawyer. But in this case, the legal aid is called Beratungskostenhilfe.

What is legal aid in Germany (Verfahrenskostenhilfe or Prozesskostenhilfe)?

Legal aid covers the legal costs of disputes if you can’t on your own.

The German constitution implemented legal aid for economically weak citizens. This ensures that all citizens have access to justice regardless of their financial situation.

Who is eligible for legal aid in Germany?

You must fulfill the following criteria to receive legal aid in Germany.

• You cannot afford the lawyer’s fee and court costs at all, only part of it or only in installments.
• There should be a chance for success in the lawsuit.
• The lawsuit should be reasonable and should not appear as a willful prosecution. Moreover, you cannot resolve the legal dispute via other more cost-effective means. 

Regardless of whether you satisfy the above criteria, you won’t get legal aid in the following situations.

• Legal protection insurance covers legal expenses.
• Other institutions, like tenants’ associations, workers’ unions, etc, cover the legal costs. 
• Your spouse or partner must pay for the legal services due to maintenance obligations.

If you are not eligible for legal aid, you should consider taking legal insurance to cover your legal costs.

In our comparison and test, we found that KS-Auxilia*—Jurprivat, Arag*—Aktiv-Premium, and WGV—Optimal PBV are the best legal insurance plans.

Unfortunately, no legal insurance provider in Germany offers services in English. Insurance agents like Feather* and Getsafe* offer basic English support. However, when you need legal advice, you must contact the insurance company, which only offers advice in German.

Feather and Getsafe sell Roland’s legal insurance plans.

NOTE: Top rating agencies in Germany rated Arag—Aktiv-Premium, WGV—Optimal PBV, and KS / Auxilia—Jurprivat as the best legal insurance plans in Germany (as of Jan 2025).

What costs does legal aid cover?

Legal aid covers the full or partial cost of your lawyer and court. The court uses your “available income” to determine the following.

• Are you eligible for legal aid?
• Should all the legal costs be covered or only partially covered?
• Do you have to pay the fees in installments?

You should not confuse “available income” with “net income.” They are different.

The German court calculates your available income by deducting specific allowances from your gross income. You can find information on calculating available income on the Federal Ministry of Justice website. The information is also available in English.

How do you apply for legal aid?

• You must apply for legal aid in writing or on record at your local court. You can find instructions on how to submit the application on your local court’s (Amtsgericht) website.
• While applying, you must present the legal dispute’s facts in detail with evidence. The court uses this information to determine the chances of success, which is one of the criteria you must meet to receive legal aid.
• You must also declare your personal and financial circumstances with proof of income, assets, income tax statements, etc. You must use the form “Declaration of personal and economic circumstances in the case of legal aid” for the same.

Once you apply, the court will assess your eligibility for legal aid and how much assistance you should get. 

How does a change in your financial situation affect legal aid?

If your financial situation improves, the court may ask you to pay the costs of the legal proceedings. Similarly, your legal aid may improve if your financial situation worsens.

You must inform the court of any change in your income or financial condition during the litigation and up to 4 years after its conclusion.

According to law, a change of 100 € gross per month is considered considerable, and you must notify the court. You also must inform the court about address changes.

NOTE: If you don’t notify the court about the change in your earnings, the court can revoke your legal aid and you must pay the entire legal costs. 

What happens if you lose the lawsuit?

If you lose the legal dispute, you must pay the opposing party’s lawyer’s fee. Legal aid doesn’t cover the opposing party’s legal costs.

Thus, you must have a good chance of success before you take matters to court.

Can you choose your lawyer if you receive legal aid in Germany?

Yes, you have a free choice of lawyer even when you receive legal aid. The court selects and assigns a lawyer only if you cannot find one.

We have partnered with several English-speaking lawyers who can support you with different legal situations. Some of the lawyers offer free initial consultation. You can book a call with the lawyers here.

References

• https://www.bmj.de/DE/themen/wege_zum_recht/gerichtsverfahren/prozesskostenhilfe/prozesskostenhilfe_node.html
• https://www.bayernportal.de/dokumente/leistung/429757036447?localize=false