💶 Divorce costs and legal aid for proceedings (Verfahrenskostenhilfe)
In brief
The costs of a divorce consist of court costs and lawyer costs. Both depend on the so-called value of the proceedings (Verfahrenswert), which is roughly based on three times the monthly net income of both spouses, minus a deduction per child entitled to maintenance; the statutory minimum value is €3,000 (§ 43 FamGKG). Since mandatory legal representation applies to the divorce petition, you generally cannot avoid lawyer costs – unless the other spouse has already instructed a lawyer and you merely consent.
Anyone who cannot afford the costs can apply for legal aid for proceedings (Verfahrenskostenhilfe, §§ 76 ff. FamFG in conjunction with §§ 114 ff. ZPO). The court checks income and assets and whether the proceedings have sufficient prospects of success – which in a divorce after the end of the year of separation is regularly the case.
Step by step
- Roughly estimate the value of proceedingsAdd up the monthly net incomes of both spouses over the last three months, multiply by 3, and deduct an amount per child entitled to maintenance; the minimum value is €3,000.
- Obtain a cost estimateBefore instructing your lawyer, ask for an estimate of the expected total costs.
- Check legal aid for proceedingsIf your income and assets are low you can apply for legal aid for proceedings – a form and evidence of income and assets are required.
- Apply at the family courtThe application for legal aid for proceedings is filed together with or before the divorce petition.
- Plan for instalment paymentsIf legal aid for proceedings is granted only against instalments, these must be repaid to the state treasury over up to 48 months.
Deadlines
- Even where legal aid for proceedings has been granted, the court can check up to four years later whether your financial circumstances have improved and demand instalments.
- Legal aid for proceedings covers your own costs – it does not automatically cover cost reimbursement claims of the opposing side, even though in divorce proceedings each side usually bears its own costs.
- A value of proceedings set too low can backfire if ancillary matters are added later – have the determination of value explained to you in detail.
In depth · legal basis, figures and practice – for advisers and professionals
Value of proceedings (§ 43 FamGKG)
The value of proceedings for the divorce itself is calculated under § 43 FamGKG regularly from three times the net income of both spouses, minus a deduction per child entitled to maintenance; the minimum value is €3,000. For ancillary matters (pension rights equalisation, maintenance, matrimonial property law), separate values of proceedings are set in each case, which add up to the total value and increase the costs accordingly.
Court and lawyer fees
Court fees are based on the fee schedule to the FamGKG, lawyer fees on the Lawyers' Remuneration Act (RVG) on the basis of the same value of proceedings. In a consensual divorce without contested ancillary matters, the costs are correspondingly lower than in extensive joint proceedings.
Legal aid for proceedings (§§ 76 ff. FamFG)
Legal aid for proceedings is granted if, according to their personal and financial circumstances, the applicant cannot afford the costs, can afford them only in part or only in instalments, and the intended legal action has sufficient prospects of success (§ 76 FamFG in conjunction with § 114 ZPO). Where legal aid for proceedings is granted, a lawyer is assigned who invoices the fees not to the party but to the state treasury.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.