European e-Justice Portal

Costs

Scotland

In this case study on family law – divorce, Member States were asked to provide information for the party that files for divorce on litigation costs to consider 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 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. Please note: The Scottish Government publishes detailed statistics and information on the civil justice system on its Civil Justice Statistics in Scotland website but this does not include information on costs.

Indicative costs in Scotland

Indicative costs of court, appeals and alternative dispute resolution

Case Study	Court	Appeals	ADR
	Initial court fees	Initial court fees	Is this option open for this type of case?
Case A	Information about court fees can be found at: Scottish Courts (fees)	Information about court fees can be found at: Scottish Courts (fees)	The Scottish Mediation Register is an independent register of mediators and mediation services who may be able to provide information on costs.
Case B	Information about court fees can be found at: Scottish Courts (fees)	Information about court fees can be found at: Scottish Courts (fees)	The Scottish Mediation Register is an independent register of mediators and mediation services who may be able to provide information on costs.

Indicative costs for lawyer, bailiff and expert

Case Study	Lawyer
	Is representation compulsory?	Average costs
Case A		The website of the Law Society of Scotland May be helpful in finding a legal representative though they do not hold information on the costs of legal representation as this will depend on the case concerned.
Case B		The website of the Law Society of Scotland May be helpful in finding a legal representative though they do not hold information on the costs of legal representation as this will depend on the case concerned.

Indicative costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under which conditions is it applicable?
Case A	Details may be available from the Scottish Legal Aid Board.
Case B	Details may be available from the Scottish Legal Aid Board.

Last update: 08/11/2019

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