Case study 3 - family law - alimony - Latvia

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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 the following situations:

Case A. National scenario: two persons have lived together unmarried for a number of years. Their child is three years old when they decide to separate. A court decision grants custody of the child to the mother. There is an ongoing dispute between the two parties regarding the amount of alimony owed to the mother by the father for the support and education of the child. The mother sues on this point.

Case B. international scenario where you are an advocate in Member State A: two persons have lived together unmarried in Member State B for a number of years. They have a three-year-old child. They separate. A court decision in Member State B grants custody of the child to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A), which becomes their place of permanent residence.

There is an ongoing dispute between the two parties regarding the amount of alimony owed to the mother by the father for the support and education of the child. The mother sues on this point in Member State A.


Costs of proceedings

Fees in Latvia

Court, appeal and alternative dispute resolution fees

Case

Court

Appeal

Fee for submitting application to court

Clerical fees

Other costs

Fee for submitting application to court

Clerical fees

Other costs

A

LVL 50

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

Copying: LVL 0.12

Certified copy: LVL 0.61

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 50

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

Copying: LVL 0.12

Certified copy: LVL 0.61

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

1) Fees associated with examination of the case.

2) Litigation fees.

B

LVL 50

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

Copying: LVL 0.12

Certified copy: LVL 0.61

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 50

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

Copying: LVL 0.12

Certified copy: LVL 0.61

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

1) Fees associated with examination of the case.

2) Litigation fees.

Advocate, bailiff and expert fees

Case

Advocate

Is representation compulsory?

Average 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 a advocate's legal assistance in civil proceedings may 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.

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 a advocate's legal assistance in civil proceedings may 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.

Case

Bailiff

Expert

Is representation compulsory?

Pre-judgment fees

Post-judgment fees

Is use compulsory?

Fees

A

No.

Not applicable.

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2;

2) a certified bailiff's remuneration depends on the amount of the debt at the start of enforcement proceedings;

3) other fees relating to the enforcement of a judgment.

The claimant is exempted from paying fees for the enforcement of a decision. These costs are recovered from the defendant.

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

Not applicable

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2;

2) a certified bailiff's remuneration depends on the amount of the debt at the start of enforcement proceedings;

3) other fees relating to the enforcement of a judgment.

The claimant is exempted from paying fees for the enforcement of a decision. These fees are recovered from the defendant.

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.

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

Case

Witness compensation

Pledges or security

Are witnesses compensated?

Fees

Do this 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 there is reason to believe that enforcement of a court judgment might subsequently be hampered or rendered impossible, the court or judge may, on reasoned request of the applicant, make a decision on securing the claim.

Where an application to secure the claim has been made, 0.5 % of the amount of the claim, but no less than LVL 50.

B

Yes.

If none of the parties is exempted from paying, 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 there is reason to believe that enforcement of a court judgment might subsequently be hampered or rendered impossible, the court or judge may, on reasoned request of the applicant, make a decision on securing the claim.

Where an application to secure the claim has been made, 0.5 % of the amount of the claim, but no less than LVL 50.

Fees for legal aid and other reimbursement

Case

Reimbursement

Is the successful party eligible for reimbursement of litigation fees?

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

What fees are not reimbursed?

A

Yes.

The party in whose favour a judgment is made may recover all the court fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action.

Where the plaintiff discontinues an action, he or she must reimburse 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

Yes.

The party in whose favour a judgment is made may recover all the court fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action.

Where the plaintiff discontinues an action, he or she must reimburse 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

When and under what conditions is it necessary?

Approximate fees

When and under what conditions is it necessary?

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 court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Where evidence is gathered abroad, translation fees are covered in full.

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.

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 court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Where evidence is gathered abroad, translation fees are covered in full.

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.

Case

Other fees specific to cross-border disputes

Description

Approximate fees

A

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

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