Case study 1 - family law - divorce - Germany

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In this case study on family law – divorce, Member States were asked to advise the party that files for divorce on litigation costs in order to consider 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.


Costs of proceedings


Costs in Germany

Costs for Court and Appeals


Case Study

Court

Appeals

Initial court fees

Initial court fees

Case A

Depends on income and assets

Depends on income and assets

Case B

Depends on income and assets

Depends on income and assets



Costs for lawyers


Case Study

Lawyer

Average costs

Case A

Depends on income and assets

Case B

Depends on income and assets



Costs for witness compensation and pledge or security


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Does this exist and when and how is it used?

Case A

Yes, but witnesses are not normally required.

No

Case B

Yes, but witnesses are not normally required.

No



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

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

Case A

Depends on income and assets

Yes

Half

If the person’s income and financial circumstances improve and in the case of payment by instalments.

Case B



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Case A

Case B

At the court’s discretion

Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax

At the court’s discretion

EUR 55 per hour plus expenses and turnover tax

Service of documents abroad



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Last update: 07/06/2019