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Case study 1 - family law - divorce - Slovenia

Slovenia

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.

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Costs in Slovenia

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

EUR 72

N/A

N/A

EUR 36

N/A

N/A

YES

N/A

Case B

EUR 72

N/A

N/A

EUR 36

N/A

N/A

YES

N/A




Costs for lawyer, bailiff and expert


Case Study

Lawyer

Is representation compulsory?

Average costs

Case A

NO

EUR 172,50 – EUR 4937.50

Actual costs are determined by considering all relevant circumstances of the case (extent and importance, property and income of the spouses) Article 23 of the Court Fees Act

Case B

NO

EUR 172,50 – EUR 4937.50

Actual costs are determined by considering all relevant circumstances of the case (extent and importance, property and income of the spouses) Article 23 of the Court Fees Act




Case Study

Bailiff

Expert

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

N/A

N/A

N/A

NO

N/A

Case B

N/A

N/A

N/A

NO

N/A




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

Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs

YES – item 13 of article 270 of the Civil Procedure Act

N/A

Notarial authentication of divorce agreement is necessary

EUR 37 – EUR 689

The actual costs are determined according to the value of the subject

Case B

YES

Actual travel, accommodation and other costs – Article 4 of the Rules on reimbursement of civil procedure-related costs

YES – item 13 of article 270 of the Civil Procedure Act

N/A

Notarial authentication of divorce agreement is necessary

EUR 37 – EUR 689

The actual costs are determined according to the value of the subject




Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which 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 percentage in general?

What costs are never reimbursed?

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

Case A

See section on Legal Aid above

Always

See section on Legal Aid above

YES

It depends on the success of the winning party

See section: when does the losing party have to pay the winning party’s costs?

YES

Case B

See section on Legal Aid above

Always

See section on Legal Aid above

YES

It depends on the success of the winning party

See section: when does the losing party have to pay the winning party’s costs?

YES




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

N/A

N/A

N/A

N/A

N/A

N/A

Case B

All applications to the Court must be in Slovene language or another language in formal use in the court (Italian and Hungarian in some courts). Article 104 of the Civil Procedure Act.

Example: 50 pages cost EUR 1262.25

If the party involved does not understand the language in which the proceeding is being conducted.

Example: half an hour of interpretation costs EUR 34.43

N/A

N/A

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