A property-division proceeding may fail on costs even where the underlying claim should be assessed. Legal aid is therefore not merely a discount; it is a formal application with its own requirements.
Under section 95 EheG, the claim for division is generally subject to a one-year period from the divorce becoming final. The Supreme Court has held that an application for legal aid for the division proceeding can interrupt the period even if the assets to be divided are not fully listed yet.
The interruption effect must not be confused with an informal enquiry. A valid court application is decisive.
Where is the main deadline risk?
The short check separates the next useful steps.
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Where is the main deadline risk?
Choose the situation closest to your case. The check is not an individual legal assessment.
Overview of all answers.
Review the formal application quickly
Record the date the divorce became final and have the required application and court checked. An email or consultation does not replace the application.
Organise documents and the asset mass
List the family home, savings, debts, businesses and missing evidence. Details can be added after the formal position is protected.
The one-year period under section 95 EheG
The period generally begins when the divorce becomes final. Read the exact date from the order or judgment. Estimating from the separation date is not enough.
Where legal aid is needed, the application should be tied to the division proceeding. The Supreme Court case law recorded in RIS does not replace a review of the actual filing.
What a legal-aid application must show
Legal aid requires financial need and the other statutory conditions. Information on income, assets, maintenance obligations and financial burdens is therefore needed.
For the deadline, the application must also be recognisable as an application for the division proceeding. A general request for advice serves a different purpose.
Documents for the assessment
Prepare the divorce order with finality note, income evidence, an account and asset overview, lease or ownership documents, loan balances and a list of division items.
Mark missing documents rather than replacing them with assumptions. The court needs a traceable financial presentation.
Common mistakes
People often only book a consultation within the one-year period. That does not automatically protect the claim. An application with no clear link to the division proceeding is another risk.
Do not mix the legal-aid issue with the substantive division. Costs and the asset mass need separate, clear presentations.
Next steps
Identify the finality date and keep deadline documents in a separate file. Then prepare the financial presentation for legal aid.
Only after that should the assets, debts and documents be mapped in detail.
Date, application and evidence
These three levels serve different functions.
| One-year period | Legal-aid application | Assets to be divided | |
|---|---|---|---|
| Purpose | Protect the claim in time | Assess access to cost assistance | Name items and values |
| Evidence | Finality note | Income and assets | Contracts, statements, valuations |
| Risk | Misreading the date | Making only an informal enquiry | Listing the mass too late or vaguely |
The table does not replace a review of the actual documents.
Three steps to a focused review
Organise the facts first, then the legal question.
Secure the date
Read the finality note and record the period.
Clarify the application
Link legal aid to the division proceeding.
Map the assets
Record property, debts and evidence.