European e-Justice Portal

Costs

Belgium

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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Important preliminary remark: Lawyers’ costs and fees are not regulated in Belgium (these costs and fees depend on the difficulty and scale 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 the rules of professional conduct and are legally required to estimate costs within suitably restrained limits (see above).

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

Costs in Belgium

Costs for Court, Appeals and Alternative Dispute Resolution (ADR)

Case study	Court			Appeal proceedings			Alternative Dispute Resolution (ADR)
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees	Does this option exist in this type of case?	Fees
Case A	EUR 82	between EUR 7.57 and EUR 34.48 per page		EUR 186	between EUR 7.57 and EUR 34.48 per page		no
Case B	EUR 82	between EUR 7.57 and EUR 34.48 per page		EUR 186	between EUR 7.57 and EUR 34.48 per page		no

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 use compulsory?	Cost
Case A	no	around EUR 2500	no	around EUR 250	around EUR 250	no
Case B	no	around EUR 3500	no	around EUR 350	around EUR 350	no

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

Case study	Witness compensation		Pledge or other guarantee		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	yes	between EUR 15.65 and EUR 48.24	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 (money, surety, etc.). See fiche on the transparency of costs.
Case B	yes	between EUR 15.65 and EUR 48.24	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 (money, surety, etc.). See fiche on the transparency of costs.

Costs for legal aid and other reimbursement

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

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs relating to transnational disputes?
	When and under which conditions is it necessary?	Approximative cost?	When and under which conditions is it necessary?	Approximative cost?	Description	Approximative 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 order for enforcement	around EUR 100

Last update: 20/09/2019

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