European e-Justice Portal

Costs

France

In this case study on family law – alimony, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations: Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this. Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence. An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.

Costs in France

Costs for legal proceedings, appeals and the alternative dispute resolution process

Case study	Legal proceedings			Appeal			Alternative dispute resolution process
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees	Is this option available in this type of case?	Costs
Case A	No	No	No	No	No	No	Judicial mediation is possible. Extra-judicial mediation is also possible.	Mediation fees are fixed by the judge and payable by the parties, but the cost of mediation may be covered by legal aid. Drawing up a fee agreement between the mediator and the parties is good practice.
Case B	Idem	Idem	Idem	Idem	Idem	Idem	Idem	Idem

Costs for lawyer, bailiff and expert

Case study	Lawyer		Bailiff			Expert
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgment costs	Post-judgment costs	Is their intervention compulsory?	Costs
Case A	No	No	No	No	No	No	Fixed by the judge.
Case B	Idem	Idem	Idem	Idem	Idem	Idem	Idem

Costs for witness compensation, pledge or other security and other relevant fees

Case study	Witness compensation		Pledge or other security		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	No	No	No	No	No	No
Case B	Idem	Idem	Idem	Idem	Idem	Idem

Costs for legal aid and other reimbursement

Case study	Legal aid
	When and under which conditions is it necessary?	When is aid total?	Conditions?
Case A	Legal aid can be requested by the mother before or in the course of the court proceedings. It is granted if the income declared does not exceed the limits set by law.	The State pays all of the costs of the proceedings if the mother is awarded total aid.	Total legal aid is granted if the monthly income declared by the mother does not exceed EUR 911. Partial aid is granted for those with income between this amount and EUR 1 367. The upper limits for income are raised by EUR 164 for the first two dependants of the mother and EUR 104 for the third dependant and any subsequent.
Case B	Idem	Idem	Idem

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	Yes, if the judge so decides.	When the family law judge’s decision awards costs to a father who does not benefit from legal aid, the father must reimburse the Treasury office with the costs advanced by the State in the defence of a mother who does benefit from legal aid.
Case B	Idem	Idem

Costs for translation and interpretation

Case study	Translation		Interpretation
	When and under which conditions is it necessary?	Approximate cost?	When and under which conditions is it necessary?	Approximate cost?
Case A	Documents submitted to the judge must be translated.	There are no statistics available.	When the judge does not understand the language in which the parties communicate.	Fees are fixed by the judge.
Case B	Idem	Idem	Idem	Idem

Last update: 08/11/2019

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