Case study 3 - family law - alimony - Belgium

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In this case study on family law – alimony, Member States were asked to advise the suing party on litigation costs in order to consider 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 when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence.

An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.


Costs of proceedings

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 27

between EUR 7.57 and EUR 34.48 per page

EUR 82

between EUR 7.57 and EUR 34.48 per page

no

Case B

EUR 27

between EUR 7.57 and EUR 34.48 per page

EUR 82

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 1000

no

around EUR 27

around EUR 60

no

Case B

no

around EUR 1000

no

around EUR 27

around EUR 60

no



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


Case study

Witness compensation

Pledge or other guarantee

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

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



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Last update: 07/06/2019