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Costs

In this case study on family law – divorce, Member States were asked to advise the party that files for divorce on litigation costs in order to consider the following situations: Case A – National situation: a couple gets married. Later they separate and agree to a divorce. Case B – Transnational situation: Two nationals from a same Member State (Member State A) get married. The marriage is celebrated in Member State A. After the wedding, the couple moves to live and work in another Member State (Member State B) where they establish their residence. Shortly thereafter the couple separates with the wife returning to Member State A and the husband remaining in Member State B. The couple agrees to a divorce. Upon her return to Member State A, the wife immediately files for a divorce before the courts of Member State B.

Costs in Germany

Costs for Court and Appeals

Case Study	Court	Appeals
	Initial court fees	Initial court fees
Case A	Depends on income and assets	Depends on income and assets
Case B	Depends on income and assets	Depends on income and assets

Costs for lawyers

Case Study	Lawyer
	Average costs
Case A	Depends on income and assets
Case B	Depends on income and assets

Costs for witness compensation and pledge or security

Case Study	Witness compensation	Pledge or security
	Are witnesses compensated?	Does this exist and when and how is it used?
Case A	Yes, but witnesses are not normally required.	No
Case B	Yes, but witnesses are not normally required.	No

Costs for legal aid and other reimbursement

Case study	Legal Aid	Reimbursement
	When and under which conditions is it applicable?	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	Depends on income and assets	Yes	Half	If the person’s income and financial circumstances improve and in the case of payment by instalments.
Case B

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under which conditions is it necessary?	Approximative cost?	When and under which conditions is it necessary?	Approximative cost?	Description
Case A
Case B	At the court’s discretion	Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax	At the court’s discretion	EUR 55 per hour plus expenses and turnover tax	Service of documents abroad

Last update: 04/11/2020

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