European e-Justice Portal

Costs

Belgium

In these case studies on family law – maintenance allowance (pension alimentaire), Member States were asked to advise the claimant on the costs of proceedings in 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 at the time they separate. A court grants custody (droit de garde) of the child to the mother. The only outstanding point at issue relates to the amount of maintenance allowance owed to the mother by the father for the maintenance and upbringing of the child. The mother commences legal proceedings on this issue. Case B – Cross-border situation from the perspective of a lawyer practising in Member State A: two persons have lived together unmarried in Member State B. They have a three-year-old child. They separate. A court in Member State B grants custody of the child to the mother. With the agreement of the father, the mother and the child go to live in Member State A, where they establish residence. One point remains at issue. It relates to the amount of maintenance allowance owed to the mother by the father for the maintenance and upbringing of the child. The mother commences legal proceedings on this issue in Member State A.

Important preliminary remark: Lawyers’ fees are not regulated in Belgium (they are determined on the basis of the difficulty and significance of the case, the name and reputation of the lawyer, the urgency of the case, the outcome of the case, etc.). However, lawyers in Belgium are bound by ethical rules and are legally obliged to give an estimate of expenses and costs that is fair and moderate (see above).

The estimate of expenses and costs is purely indicative.

Costs in Belgium

Costs of proceedings at first instance and appeal, and alternative dispute resolution (ADR)

Case study	Proceedings at first instance			Appeal proceedings			Alternative dispute resolution (ADR)
	Initial costs of proceedings	Transcription costs	Other Costs	Initial costs of proceedings	Transcription costs	Other Costs	Is this option available in this type of case?	Costs
Case A	EUR 27	EUR 2.85 per page (royal decree (arrêté royal) No° 64 of 30 November 1939, Belgian Official Gazette 1 December 1939)		EUR 82	EUR 2.85 per page (royal decree No° 64 of 30 November 1939, Belgian Official Gazette 1 December 1939)		no
Case B	EUR 27	EUR 2.85 per page (royal decree No° 64 of 30 November 1939, Belgian Official Gazette 1 December 1939)		EUR 82	EUR 2.85 per page (royal decree No° 64 of 30 November 1939, Belgian Official Gazette 1 December 1939)		no

Fees of lawyers, bailiffs (huissier de justice) and expert witnesses (expert)

Case study	Lawyer		Bailiff			Expert witness
	Is representation compulsory?	Average costs	Is representation compulsory?	Costs prior to the judgment	Costs after the judgment	Is their involvement compulsory?	Costs
Case A	no	around EUR 1 000	no	around EUR 27	around EUR 60	no
Case B	no	around EUR 1 000	no	around EUR 27	around EUR 60	no

Costs relating to payment of witnesses (témoin), proof by oath (serment) or other guarantee and other fees

Case study	Payment of witnesses		Proof by oath or other guarantee
	Are witnesses paid?	Cost	Does this apply and when and how is it implemented?
Case A	yes	between EUR 15.65 and EUR 48.24	In civil proceedings, as a general rule, the obligation to provide a deposit when commencing proceedings may arise in the case provided for in Article 851 of the Judicial Code (Code judiciaire). In this case, a claimant who is a foreign national may be obliged to provide a deposit. A Belgian respondent may request that the foreign claimant or intervener provide a deposit. Article 852 specifies the form the deposit may take (sum of money, security, etc.). See fact sheet on transparency of costs.
Case B	yes	BEF 200 or EUR 4.96	In civil proceedings, as a general rule, the obligation to provide a deposit when commencing proceedings may arise in the case provided for in Article 851 of the Judicial Code. In this case, a claimant who is a foreign national may be obliged to provide a deposit. A Belgian respondent may request that the foreign claimant or intervener provide a deposit. Article 852 specifies the form the deposit may take (sum of money, security, etc.). See fact sheet on transparency of costs.

Legal aid (aide juridique) costs and other types of reimbursement

See the Legal aid section of the page on the costs of proceedings.

Translation and interpretation costs

Case study	Translation		Interpretation		Other costs relating to cross-border disputes?
	When and under what conditions is it necessary?	Approximate cost?	When and under what conditions is it necessary?	Approximate cost?	Description	Approximate cost?
Case A	where the documents are necessary for the proceedings	between EUR 7.57 and EUR 34.48 per page	where the respondent does not understand the language of the proceedings	between EUR 31.61 and EUR 54.62 per hour
Case B	where the documents are necessary for the proceedings	between EUR 7.57 and EUR 34.48 per page	where the respondent does not understand the language of the proceedings	between EUR 31.61 and EUR 54.62 per hour	costs of declaration of enforceability (exequatur)	around EUR 100

Last update: 14/11/2022

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