Case study 1 - family law - divorce - Slovakia

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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 Slovakia

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

EUR66

EUR0

EUR33

(eventual motion related to injunction)

EUR66

EUR0

EUR33

(eventual motion related to injunction)

No

Average EUR150

Case B

EUR66

EUR0

EUR33

(eventual motion related to injunction)

EUR66

EUR0

EUR33

(eventual motion related to injunction)

No

Average EUR200


Costs of 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

Not compulsory but usual

Depends on various factors

 No

EUR0

EUR0

No

Depends on various factors

Case B

Not compulsory but usual

Depends on various factors

 No

EUR0

EUR0

No

Depends on various factors



Costs of 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

Depends on various factors. On average EUR50

No

EUR0

EUR0

Case B

Yes

Depends on various factors. On average EUR200

No

EUR0

EUR0


Costs of legal aid and other reimbursement



Case study

Legal Aid

When and under what conditions is it applicable?

When is support total?

Case A

Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.

Case B

Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.




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

As a general rule, no. However, the court may award a party a refund of the litigation costs of divorce, or a portion depending on the circumstances of the case and the parties.

50%

All costs incurred by one party are eventually reimbursable by the losing party, except the portion of experts’, lawyers’, translators’ and interpreters’ contractual (real) fees that exceed the legal tariff (abstract fees).

In principle, no. However, if conditions are met for a refund of incurred costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid, if the amount is larger than the costs of the provided legal aid.

Case B

As a general rule, no. However, the court may award a party a refund of the litigation costs of divorce, or a portion of this, depending on the circumstances of the case and the parties.

50%

All costs incurred by one party are eventually reimbursable by the losing party, except the portion of experts’, lawyers’, translators’ and interpreters’ contractual (real) fees that exceed the legal tariff (abstract fees).

Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, or (3) unless the costs spent so far for legal aid granted are or will be compensated to the designated advocate or the Centre of Legal Aid as a refund of the costs of proceedings.

If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is greater than the costs of the legal aid provided)


Costs for translation and interpretation


Case study

Translation

When and under what conditions is it necessary?

Approximate cost?

Case A

For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties.

And eventually also for translation of other documents (for example, judgements) into the language the parties understand.

Depends on various factors. An average of EUR100.

Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees.

Case B

For the translation of evidence or other documents. The court also appoints a translator for: (1) documents addressed to a foreign judicial authority; (2) motion for recognition and enforcement of judgement (including annexes) rendered by a Slovak court abroad; (3) at the request of a foreign judicial authority; (4) other judicial documents – unless provided otherwise by European legislation or international convention.

Translation costs incurred in relation to exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average, EUR300



Case study

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

If a person before the court speaks a language other than the Slovak language.

Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner.

The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.

On average EUR100.

Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state.

However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

Case B

If a person before the court speaks a language other than the Slovak language.

Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner.

The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.

Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state.

However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average EUR300

Probably higher out-of-pocket expenses and loss of earnings However, the parties to divorce proceedings are not authorised to reimbursement/ refund of proceedings costs (subject to exceptions).

Average EUR500



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Last update: 26/06/2019