All about this insurance: Legal expenses insurance
Do I need legal expenses insurance in Germany?
Insurance broker / Insurance questions / Legal expenses insurance
In short
No, not the divorce proceeding itself. Family law, civil partnership law and inheritance law are excluded from cost cover in almost every German wording; what is covered is usually one first consultation with a lawyer, often capped between EUR 250 and 500. An uncontested divorce with a value in dispute of EUR 12,000 costs around EUR 2,130; contested, with two lawyers, EUR 6,000 to 10,000 is realistic.
Documented German court and lawyer costs by value in dispute, plus the usual limits of the advice benefit, so you can plan with real figures.
| Example | Typical range |
|---|---|
| Joint net income EUR 2,000, value in dispute EUR 6,000, uncontested with one lawyer | about EUR 214 court and EUR 1,200 lawyer, roughly EUR 1,400 together |
| Joint net income EUR 3,000, value in dispute EUR 9,000 | about EUR 261 court and EUR 1,590 lawyer, roughly EUR 1,850 together |
| Joint net income EUR 4,000, value in dispute EUR 12,000 | about EUR 314 court and EUR 1,820 lawyer, roughly EUR 2,130 together |
| Joint net income EUR 6,000, value in dispute EUR 18,000 | about EUR 375 court and EUR 2,290 lawyer, roughly EUR 2,660 together |
| Joint net income EUR 10,000, value in dispute EUR 30,000 | about EUR 476 court and EUR 3,070 lawyer, roughly EUR 3,550 together |
| Contested divorce with two lawyers and ancillary matters | about EUR 6,000 to 10,000 and upwards |
| First consultation with a lawyer, statutory maximum fee | EUR 190 net, about EUR 226 with VAT |
| Advice outside the first consultation cap, statutory maximum fee | EUR 250 net |
| Usual limit of the advice benefit in family law | about EUR 250 to 500 per case |
| Family law extension as an add-on module | about EUR 10 to 25 a month |
Guide values as of September 2026. Court and lawyer costs come from a published calculator based on the German family court fees act and lawyers' fee act, including the fee increase of June 2025. The limits of the advice benefit and the price of the extension are guide values from our quoting practice and differ by wording. We will look up the figures your own policy names.
Worked example
No substantial assets, no argument about ancillary matters. Calculated once uncontested and once contested.
| Value in dispute, three times the joint monthly net income | EUR 12,000 |
| Court costs | about EUR 314 |
| One lawyer, uncontested divorce | about EUR 1,820 |
| Second lawyer, if both are represented | about EUR 1,820 on top |
| What the legal expenses policy pays | the first consultation, about EUR 226 |
Uncontested that is roughly EUR 2,130, so about EUR 1,070 each when shared. Contested, with a second lawyer and fights over maintenance and accrued gains, EUR 6,000 to 10,000 is realistic. In both cases the policy carries only the first consultation, about EUR 226.
German legal expenses insurance does not pay for a divorce. This is not small print and not a grey area, it is the market standard: family law, civil partnership law and inheritance law appear in the general conditions (Allgemeine Bedingungen für die Rechtsschutzversicherung) as an exclusion from cost cover. What most tariffs do cover is advice, meaning a conversation with a lawyer, not the proceeding. Some cap it with a sum, others with a number of conversations or hours per year.
The reason is arithmetic, not legal. Insurance spreads risks, that is rare and unwanted events, across many shoulders. A divorce is neither: it is common, the people involved decide on it, and its timing can be planned. Anyone who wanted to insure it could buy a policy shortly before separating, so the premium would have to be almost as high as the cost. The same logic sits behind the exclusion of building projects on your own land. The honest thing is to say so plainly instead of selling a family module that pays for the conversation only.
The table separates the individual benefits. On the left the benefit, in the middle whether it is covered, on the right the typical limit. Check every line against your own wording; the phrasing differs between insurers, the outcome usually does not.
The most important line sits in the middle: ancillary matters such as the equalisation of accrued gains (Zugewinnausgleich), the pension equalisation (Versorgungsausgleich) and the division of household goods belong to the proceeding and are excluded with it. And two spouses inside one policy are never covered against each other anyway.
| Benefit | Covered | Typical limit |
|---|---|---|
| First consultation with a lawyer on family law | yes, in almost every tariff | statutory cap EUR 190 net, tariffs often name EUR 250 to 500 |
| Further advice conversations | depends on the tariff | a number of conversations or hours a year, often two to five |
| Mediation about the consequences of separating | in many tariffs | a separate limit per case, often a few thousand euros |
| The divorce proceeding itself | no | excluded, family and inheritance law module included |
| Ancillary matters: accrued gains, pensions, household goods | no | they belong to the proceeding and are excluded with it |
| Maintenance for children or the spouse before the court | no | family law, as a rule advice only |
| Custody and contact rights before the court | no | family law, as a rule advice only |
| Dispute with the landlord about the shared flat | yes, through the tenancy module | only against the landlord, never against your spouse |
| Dispute between two people insured under the same policy | no | spouses in one policy are never covered against each other |
| Employment dispute during the separation | yes, through the work module | a separate module, independent of the divorce |
Lawyer and court fees are not set by effort but by the value in dispute, and that value is calculable. Under § 43 Familiengerichtskostengesetz the basis is the net income both spouses earn in three months, that is three times the joint monthly net figure. Courts add roughly five percent of assets after deducting an allowance of EUR 15,000 to 30,000. For each child you support you may deduct EUR 250 a month, and EUR 1,000 is added as a flat figure for the pension equalisation. The minimum value is EUR 3,000, the ceiling one million.
An example: if the two of you earn EUR 4,000 net a month together and there are no substantial assets, the value in dispute is EUR 12,000. That produces court costs of about EUR 314 and roughly EUR 1,820 for one lawyer, so about EUR 2,130 in total. At EUR 2,000 joint net it is around EUR 1,400, at EUR 10,000 around EUR 3,550. These figures include the fee increase of June 2025. Once you know your own value, you can check any quote in two minutes.
In a German divorce only the applicant must be represented by a lawyer. The other side can consent to the petition without one. If you agree on every point, that halves the lawyer's fees, and in practice the two of you share the single bill. It is the biggest lever you have, and it costs nothing but communication.
Two warnings. Legally, the one lawyer represents only one of you and may not advise the other; if you feel unsure, that is exactly what the consultation covered by your policy is for, with a second lawyer. And every ancillary matter you contest raises the value in dispute and therefore every fee. Taking maintenance, accrued gains and household goods to court separately drives the bill up faster than any choice of firm.
The first is legal aid, in family matters called Verfahrenskostenhilfe. If income and assets are not sufficient, the state treasury covers court and lawyer fees, either in full or against instalments depending on your situation. The application belongs before the proceeding, not after, and it needs evidence of income, rent and debts. For advice beforehand there is Beratungshilfe at the local court.
The second is the advance on proceeding costs (Verfahrenskostenvorschuss): if one spouse earns considerably more, maintenance law can oblige them to advance the other's costs. That is a claim, not a favour, and your lawyer can assert it. The third is the least glamorous and the most overlooked: an instalment agreement with the firm. Most lawyers will agree to one if you ask before instructing them.
Such extensions are offered, usually for about EUR 10 to 25 a month. What you get is more advice and a mediation, in some tariffs also proceedings about maintenance or contact rights. What you do not get is the divorce itself: a wording that genuinely pays for the proceeding and its ancillary matters is practically not available on the German market.
So do the sums. EUR 15 a month is EUR 180 a year, and an uncontested divorce costs around EUR 2,130. If the extension only widens the advice, in twelve years you pay as much as the divorce and still have not insured it. It can make sense if you expect ongoing questions about maintenance or contact, for instance in a blended family; as provision against separating it does not. Tell us your situation and we will read the wording and say plainly what the module would do for you. NAMMERT is an underwriting agent and checks the text, not the brochure.
Questions and answers
Because it is not a risk but a common event whose timing the people involved decide. That cannot be priced, and the premium would have to be almost as high as the cost.
Usually one first consultation with a lawyer, in some tariffs further advice hours and a mediation about the consequences of separating. Limits of about EUR 250 to 500 per case are common.
No. Only the applicant must be represented, the other side can consent. Where you agree, that halves the lawyer's fees and in practice you share the single bill.
Three times your joint monthly net income, plus about five percent of assets above an allowance of EUR 15,000 to 30,000. At least EUR 3,000, at most one million.
If income and assets are not sufficient, the state treasury covers court and lawyer fees, in full or against instalments. The application belongs before the proceeding.
An advance on proceeding costs is possible under maintenance law. It is a claim rather than a courtesy, and your lawyer can assert it for you.
Yes, for about EUR 10 to 25 a month, mostly for more advice and a mediation. A wording that pays for the proceeding itself is practically unavailable on the German market.
German courts can hear it, and which country's law applies follows European rules. Bring the marriage certificate and any prenuptial agreement to the first consultation.
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All about this insurance: Legal expenses insurance
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NAMMERT Assekuradeur GmbH, insurance broker licensed under section 34d(1) of the German Trade Regulation Act, broker register no. D-C08Q-TOSD4-37. For boat and yacht insurance we act as underwriting agency, not as broker. Statutory disclosure (German) · Updated
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