Detailed description
If you are unable to finance a necessary legal dispute yourself, your spouse or life partner may be required to provide you with an advance on legal costs, provided this is equitable.
A typical situation as an example: day after day the same argument between two spouses, they decide to get a divorce. Because of the children, one partner works part-time and does not have the money to go to court. The other partner, on the other hand, has a fairly good income. In such cases, family law provides for a claim to advance payment of legal costs. This follows from the duty of solidarity in marriage and is therefore ultimately part of the maintenance obligation. The regulations also apply accordingly to registered civil partnerships.
The spouse entitled to maintenance can request an advance payment for disputes between themselves, for example for a divorce, as well as for certain disputes with a third party. A lawyer will inform you of the details.
If the claim for advance payment of costs can be enforced promptly, it takes priority over support from the state treasury (legal aid).
Note: Children are also entitled to an advance on legal costs from their parents (including the parent who is responsible for their child) or their grandparents. Please consult a lawyer for details in your individual case.