Costs

Belgie

In this case study on family law – divorce, Member States were asked to advise the party filing for divorce on litigation costs in 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 the same Member State (Member State A) marry. 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.

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Belgie

Important preliminary remark: Lawyers’ costs and fees are not regulated in Belgium (they depend on the difficulty and significance of the case, the name and reputation of the lawyer, the urgency of the matter, the outcome of the case, etc.). However, lawyers in Belgium are bound by rules of professional conduct and are legally required to estimate costs in a way that is fair and moderate (see above).

The estimate of costs is provided on a purely indicative basis.

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 court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option available in this type of case?

Fees

Case A

EUR 82

EUR 2.85 per page (royal decree (arrêté royal) No 64 of 30 November 1939, Belgian Official Gazette 1 December 1939)

EUR 186

EUR 2.85 per page (royal decree (arrêté royal) No 64 of 30 November 1939, Belgian Official Gazette 1 December 1939)

no

Case B

EUR 82

EUR 2.85 per page (royal decree No 64 of 30 November 1939, Belgian Official Gazette 1 December 1939)

EUR 186

EUR 2.85 per page (royal decree No 64 of 30 November 1939, Belgian Official Gazette 1 December 1939)

no

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


Case study

Lawyer

Bailiff

Expert witness

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Fees

Case A

no

around EUR 2 500

no

around EUR 250

around EUR 250

no

Case B

no

around EUR 3 500

no

around EUR 350

around EUR 350

no


Costs of witness (témoin) compensation, proof by oath (serment) or other guarantee and other relevant fees


Case study

Witness compensation

Proof by oath or other guarantee

Other fees


Are witnesses compensated?

Cost

Does this apply and when and how is it used?

Cost

Description

Cost

Case A

yes

EUR 4.96

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code (Code judiciaire). This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (sum of money, surety, etc.). See page on transparency of costs.



Case B

yes

EUR 4.96

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (sum of money, surety, etc.). See page on transparency of costs.

Costs of legal aid (aide juridique) and other reimbursements

See the ‘Legal Aid’ section of the page dealing with costs of proceedings.

Costs of translation and interpretation


Case study

Translation

Interpretation

Other costs relating to transnational disputes?

When and under which conditions is it necessary?

Approximate cost?

When and under which conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

Case B

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when 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

around EUR 100

Last update: 14/11/2022

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