Case study 1 - family law - divorce - Poland

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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 Poland

Case n° 1 ( in B- the country when the wife files for divorce is Poland – in that case, the fees, expenses and conditions are the same as in case A.


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

Fixed cost 600 PLN

For each page of copies, copies of judgements with enforcement, copies of judgement with legal validity - 6 PLN. If those documents are in a foreign language -12 PLN for each page.

-

Fixed cost 600 PLN

,Parties are free to opt for ADR

If the court accepts the enforceability clause, 50 PLN


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

Minimum 360 PLN

No

-

-

No

According to the calculations of the expert.



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

Costs of transport, lost earnings, accommodation, according to Articles 85 to 88 of the Act on Judicial Costs in Civil Cases

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--

--


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 the percentage in general?

What costs are never reimbursed?

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

Case A

A party exempted from legal costs can apply for legal aid. The court decides if the participation of a professional attorney is needed

Depends on court decision

If the costs are excessive or will cause financial hardship to the party

General rules apply, depending on the circumstances. If the court finds the defendant guilty, the losing party pays the costs; if the court finds the defendant not guilty, - each party pays half of the costs of the proceedings.

Balance of costs higher than what was essential and appropriate to the case



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

If documents are submitted to the court in another language

According to the Minister of Justice’s Regulations of 24 January 2005  



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Last update: 06/11/2020