Case study 1 - family law - divorce - Czech Republic

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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.


Costs of proceedings

Costs in the Czech Republic

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

CZK 1000

Not applicable (N/A)

N/A

CZK 1000

N/A

N/A

Yes (not obligatory)

Contractual (usually CZK 1000 per hour, 3 hours)

Case B

CZK 1000

N/A

N/A

CZK 1000

N/A

N/A

Yes (not obligatory)

Contractual



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No.

Contractual, but according to lawyers tariff CZK 1500 for each stage (usually 5)

No (by post)

-

-

No.

CZK 350K per hour

Case B

No.

Contractual

No (depends on other country involved)

-

-

No.

CZK 350 per hour



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

No.

-

-

-

Case B

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

No.

-

-

-


Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percentage in general?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

Only NGO

-

-

No.

-

All costs in divorce matters

No.

Case B

See directive on legal aid in cross-border disputes

-

-

No.

-

All costs in divorce matters

No.



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific 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

Original documents in foreign language, necessary for proceedings

From CZK 350 per page (depending on language)

-

-

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page (depending on language)

When a party or witness is foreign or does not understand Czech

CZK 350 per hour

-

-



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Last update: 20/09/2019