Case Study 1 – Family law – Divorce – Germany

Germany

In this case study on family law (divorce), Member States were asked to advise the party filing for divorce on litigation costs in 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 Member State A marry in Member State A. After the wedding, the couple move to 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. Shortly after her return to Member State A, the wife files for a divorce before the courts of Member State B.

Costs in Germany

Costs for court and appeals

Case study	Court	Appeals
	Initial court fees	Initial court fees
Case A	Depends on income and assets.	Depends on income and assets.
Case B	Depends on income and assets.	Depends on income and assets.

Costs for lawyers

Case study	Lawyer
	Average costs
Case A	Depends on income and assets.
Case B	Depends on income and assets.

Costs for witness compensation and pledge or security

Case study	Witness compensation	Pledge or security
	Are witnesses compensated?	Does this exist and when and how is it used?
Case A	Yes, but witnesses are not normally required.	No
Case B	Yes, but witnesses are not normally required.	No

Costs for legal aid and other reimbursement

Case study	Legal aid	Reimbursement
	When and under which conditions is it applicable?	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	Depends on income and assets.	Yes	Half	If the person’s income and financial circumstances improve and in the case of payment by instalments.
Case B

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under which conditions is it necessary?	Approximate costs?	When and under which conditions is it necessary?	Approximate costs?	Description
Case A
Case B	At the court’s discretion.	Usually EUR 1.55 per 55 keystrokes, plus expenses and turnover tax.	At the court’s discretion.	EUR 70 per hour, plus expenses and turnover tax.	Service of documents abroad.

Last update: 07/04/2023