Case study 1 - family law - divorce - Romania

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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

NOTE – 1.The answers pertaining to all the case studies were provided assuming that the claim is made in the Romanian courts 2. For better comprehension, the calculation of costs took into account the following hypothetical currency rate – EUR 1 = RON 4 (Romanian currency).

Costs in Romania

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

Initial court fees

Transcription fees

Other fees

Initial court fees

Case A

RON 39.3 (approximately EUR 10) comprising RON 39 (court fee) and RON 0.3 (stamp duty)

Exception – RON 8.3 (approximately EUR 2) comprising RON 8 (court fees) and RON 0.3 (stamp duty), if the party does not have an income or the income is lower than the minimum national gross salary

In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks) photocopying charges (varying between EUR 0.05 and EUR 1.25 per copy) must be paid

Legalisation - atestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty)

Supralegalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) - only if it is necessary for the party

The decision cannot be appealed in this case, as the divorce is agreed by both parties

Case B

RON 39.3 (approximately EUR 10) comprising RON 39 (court fee) and RON 0.3 (stamp duty)

Exception – RON 8.3 (approximately EUR 2) comprising RON 8 (court fees) and RON 0.3 (stamp duty) if the party does not have an income or the income is lower than the minimum national gross salary

In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), photocopying costs (varying between EUR 0.05 and EUR 1.25 per each copy) must be paid

Legalisation -Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty)

Supralegalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) only if it is necessary for the party

The decision cannot be appealed in this case, as the divorce is agreed by both parties.


Case Study

ADR

Is this option open for this type of case?

Costs

Case A

Yes

Costs are provided for in the mediation contract, as agreed by the parties and the mediator

Case B

Yes

Costs are provided for in the mediation contract, as agreed by the parties and the mediator


Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Case A

NO

Variable costs depending on the legal assistance contract

Not applicable in this case, as representation is not compulsory

NO

Not applicable in this case

Not applicable in this case

Case B

NO

Variable costs depending on the legal assistance contract

Not applicable in this case, as representation is not compulsory

NO

Not applicable in this case

Not applicable in this case


Case Study

Expert

Is use compulsory?

Cost

Case A

NO

Not applicable in this case

Case B

NO

Not applicable in this case



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


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Case A

Yes. However, this case does not require witnesses.

Not applicable in this case

Not applicable in this case

Not applicable in this case

Case B

Yes. However, this case does not require witnesses.

Not applicable in this case

Not applicable in this case

Not applicable in this case



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Conditions?

Case A

Please see annex 1 attached

Please see annex 1 attached

Please see annex 1 attached

Case B

Please see annex 1 attached

Please see annex 1 attached

Please see annex 1 attached




Case

study

Reimbursement

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

Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)

Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)

Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)

NO

Case B

Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)

Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)

Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)

NO



Costs for translation and interpretation


Case study

Translation

When and under which conditions is it necessary?

Approximative cost?

Case A

Not applicable in this case

Not applicable in this case.

Case B

When documents submitted to the court (part of the case dossier) are written in another language

The costs may vary according to the translation contract or, if the translation is performed by an authorised translator at the court’s request, a fee of RON 33.56 (approximately EUR 8) per page in A4 format should be paid


Case

study

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

When the party who should be heard by the court is deaf or mute, or does not know how to write.

RON 23.15 per hour (approximately EUR 6)

-

-

Case B

If at least one of the parties does not speak Romanian.

RON 23.15 per hour (approximately EUR 6)

Yes, but are supported by the state

-



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Last update: 24/06/2019