Case study 1 - family law - divorce - Latvia

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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 fees in the following situations:

Case A. National scenario: a couple gets married. Later they separate and agree to a divorce.

Case B. International scenario: two nationals from the 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

Fees in Latvia

Court, appeal and alternative dispute resolution fees

Case

Court

Appeal

Fee for submitting application to court

Clerical fee

Other fees

Fee for submitting application to court

Clerical fee

Other fees

A

LVL 100

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 100

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

B

LVL 100

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 100

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

Advocate, bailiff and expert fees

Case

Advocate

Expert

Is representation compulsory?

Average fees

Is use compulsory?

Fees

A

No.

Natural persons may represent themselves in court or be represented by an authorised party

Individuals work with a certified advocate on the basis of an agreement.

N.B. fees relating to an advocate’s legal assistance in civil proceedings can be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

B

No.

Natural persons may represent themselves in court or be represented by an authorised party

Individuals work with a certified advocate on the basis of an agreement.

N.B. fees relating to an advocate’s legal assistance in civil proceedings can be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

Case

Bailiff

Is representation compulsory?

Pre-judgment fees

Post-judgment fees

A

No

Not applicable

Not applicable

B

No

Not applicable

Not applicable

Fees for witness compensation, pledges or security and other relevant fees

Case

Witness compensation

Pledges or security

Are witnesses compensated?

Fees

Do these exist and when and how are they used?

Fees

A

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If a person has reason to believe that the submission of necessary evidence on their behalf may be rendered impossible or hampered at a later stage, they may ask for this evidence to be secured.

LVL 20 (if the application is submitted prior to bringing the case).

B

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If a person has reason to believe that the submission of necessary evidence on their behalf may be rendered impossible or hampered at a later stage, they may ask for this evidence to be secured.

LVL 20 (if the application is submitted prior to bringing the case).

Fees for legal aid and other reimbursement

Case

Reimbursement

If fees are not reimbursed in full, what percentage is usually reimbursed?

What fees are not reimbursed?

A

In delivering a judgment in a divorce case, the court divides court fees between the parties, taking into account their financial situations.

Where the plaintiff discontinues an action, he or she must reimburse the court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

B

In delivering a judgment in a divorce case, the court divides court fees between the parties, taking into account their financial situations.

Where the plaintiff discontinues an action, he or she must reimburse the court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

Translation and interpretation fees

Case

Translation

Interpretation

Other fees specific to cross-border disputes

When and under what conditions is it necessary?

Approximate fees

When and under what conditions is it necessary?

Approximate fees

Description

Approximate fees

A

Court proceedings are conducted in the official State language.

The court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in the court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Translation is provided by the court.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgment has not yet been executed and the period for its enforcement has not expired.

Not applicable.

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

B

Court proceedings are conducted in the official State language.

The court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in the court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Translation is provided by the court. Where evidence is gathered abroad the actual translation fee must be covered.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgment has not yet been executed and the period for its enforcement has not expired.

Not applicable.

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.


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Last update: 07/06/2019