Legal expenses insurance for family law and inheritance law
A divorce or a dispute over the legacy can take a long time and cost a lot of money. Many legal expenses insurance companies therefore only provide family law and inheritance rights for initial consultation by a lawyer. Anyone who wishes for further services must agree on appropriate components. But only very few providers pay for the lawyer when the lawsuit comes to court.
Prevent divorce with mediation
Legal expenses insurance for family law
In 2016, more than 162,000 marriages were divorced in Germany . Depending on income, number of children and assets, the legal fees add up to several thousand euros . A divorce is therefore a costly affair. In order not to sit on the lawyers’ fees, many people wish a legal protection insurance, which also applies in the field of family law or matrimonial protection . But because divorces are not rare and expensive, only a few insurance companies offer the corresponding protection.
As part of the building block of private law protection, some legal expenses insurers also provide for disputes concerning family law. But the benefits are severely limited . Often only the initial consultation is reimbursed by a lawyer. In addition, reimbursement caps are often valid.
The reason why many providers refuse to settle disputes over divorce and maintenance is simple: the risk of the insured event occurring is relatively high. In addition, a divorce or maintenance process can take a very long time, resulting in high costs for the insurance company. Therefore, the few offers for interested people are also quite expensive. Accordingly, it is important to compare in advance the benefits and costs of several legal expenses insurance in order to find the optimal protection.
Only a few providers offer legal protection for family law
The insurer ARAG is one of the few who offers legal protection insurance with matrimonial protection. However, there is a long waiting period of three years for the service. Remember the spouses in this time that they want the divorce, the legal protection does not protect against the incurred legal fees and, if necessary, court costs. In addition, the refund is bound to a ceiling of 30,000 euros. Once this is achieved, any further costs associated with the litigation must be paid out of pocket.
Legal expenses insurance helps with dispute over maintenance
If a marriage breaks up in a dispute, the question of the maintenance of conflicts often causes . A legal expenses insurance can also help here if the spouses settle their differences in court. However, it is necessary to have the corresponding services agreed upon conclusion of the contract. This means that only those who have a special legal expenses insurance that covers the area of maintenance can expect benefits.
These are not limited to the payment obligations between spouses, but also close
- Maintenance demands of the social welfare office for the nursing home costs of the parents (Elternunterhalt),
- Maintenance payments of the father (paternity suit) as well
- Child support requirements.
As with legal protection for family law, this form of legal protection insurance, however, has comparatively long waiting periods and reimbursement limits.
Divorce: Do insurers mediate?
Instead of going to court, dispute parties also have the opportunity to resolve their conflicts through mediation. Compared to a legal procedure, mediation often allows a faster agreement. In addition, the talks with a mediator in the sum depending on the value in dispute can be much cheaper than the legal way .
Some providers pay the costs of mediation even if they concern an uninsured area such as divorce or family law. Interested parties should take a close look at the insurance conditions. The same applies to persons who wish to conclude a special legal protection insurance for family law. You are advised to look out for conditions that cover mediation.
Editorial Tip: Extensive information brochure on mediation
In the detailed information brochure “It does not always end up in court – how mediation helps with the family quarrel”, consumers will learn what mediation can do in quarrels between couples.
Legal expenses insurance helps with inheritance law only conditionally
Also in terms of inheritance law, a legal expenses insurance may be useful. Because not infrequently breaks out a bitter dispute among relatives about the inheritance : Some of them feel that they have been treated unfairly, or distant relatives suddenly announce and assert their claim. But unlike the legal protection insurance for family law there is hardly any company in Erbe, which offers extensive services in this case. Because this can be about high claims, which in turn affect the amount of litigation costs.
What costs can be expected in the dispute over the inheritance?
The cost of judicial proceedings depends largely on the amount of the inheritance . For example, if the estate is worth one million euros, the party in litigation may quickly incur costs of tens of thousands of euros.
Process cost calculators on the Internet give consumers an overview of what fees they have to expect depending on the amount in dispute. Example: With a disputed amount of 500,000 euros and one client and one opponent, the costs for lawyer and court for the loser in the first instance are around 30,000 euros.
Costs of initial consultation on inheritance law are assumed
The heirs can have different legal problems, such as those affected
- challenge the will,
- want to assert the compulsory portion as a legitimate claimant or
- accept or reject the inheritance
In the best case, legal expenses insurance for such and other inheritance issues offer the reimbursement of initial consultation costs . For example, anyone who seeks advice from a lawyer for the first time in the preparation of the will can be reimbursed by the insurance company as well as the expenses for a notarized certification. In case of doubt, however, it should be discussed in advance with the provider whether a benefit claim actually exists.
Find appropriate legal protection
Some insurers set themselves apart from the competition with special offerings in the field of inheritance and family law and offer better conditions than the market. However, these are often associated with higher costs. For this reason, a personal consultation on legal expenses insurance makes sense to find the offer with the best legal protection.
Alternatively, interested parties can, with the help of a non-binding comparison computer, individually search for the legal expenses insurance with the best mix of price and performance. Good calculators offer the possibility to filter in the course of the comparison especially for tariffs with legal protection in matrimonial and maintenance.