Costs

Legal proceedings regarding a divorce or other family matters do not neccessarily have to be extensively expensive. To avoid any bad surprises, we inform you of the costs you have to consider in a divorce proceeding. The costs include the legal fees as well as the costs for the court.

Costs for the first consultation

At the first consultation, we will inform you of our fees in case you give us a mandate. After this first meeting, you can decide for yourself, if you will need our assistance or if the consultation already covered all your questions and needs.

Provided you give us your mandate, the costs of the first consultation will be offset with any future fees.

Generally, the legal fees are calculated according to the litigation value.

Costs of the prenuptial agreement

The costs of a marriage contract depend on the financial situation of the parties involved and on the matters to be regulated in the contract.

As a rule, the costs result from the consultation and preparation of a marriage contract by a lawyer as well as from the subsequent notarization.

Lawyer´s fees

The lawyer’s fees result from the Lawyers’ Fees Act (RVG). In the case of a marriage contract, the lawyer’s fees depend on the matters to be regulated in the contract. The value of these matters is multiplied by the statutory fee element and thus results in the value in dispute of the prenuptial agreement. The attorney’s fees are then calculated from the value of the matrimonial agreement.

In principle, a business fee is incurred, which takes into account all the lawyer’s activities required to process the case, such as correspondence and negotiations with the parties.

In addition, if a dispute or uncertainty about a legal relationship is resolved through the assistance in concluding the agreement, a settlement fee may be incurred.

However, if only a waiver or acknowledgement is agreed by means of a prenuptial agreement, this fee does not apply.

The following calculation example serves as an illustration: The subject matter of the prenuptial agreement is to be the agreement of a maintenance payment from the wife to the husband in the amount of 500 euros per month.

The object value of the prenuptial agreement is now calculated from the one-time annual amount of these payments.

Object value: 500 euros x 12 = 6,000 euros

The resulting legal fees thus amount to approx. 1,200 euros.

In addition, there are notary fees for the notarization of the marriage contract, which only becomes legally binding as a result.

Notary fees

In principle, the parties have a relatively wide scope in the drafting of the marriage contract. For this reason, however, the drafting of the marriage contract can also lead to weighty economic and legal questions, which is why the marriage contract requires notarial consultation and notarization in order to be effective.

The notary fees are based on the German Law on Court and Notary Fees (Gerichts- und Notarkostengesetz, GNotKG).

The basis for calculating the notarial costs are the determined assets of both spouses, which together form the business value of the marriage contract.

When determining the net assets of the spouses, liabilities are also taken into account and deducted at half of the relevant value.

If only the assets of one spouse form part of the marriage contract, only his or her assets are relevant for the calculation.

In addition, clerical expenses, expenses for postage and telephone, as well as the statutory value added tax in the amount of 19% may be added.

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Najat Abokal
Rechtsanwältin

Kienitzer Straße 107
12049 Berlin

030 / 622 068 96
info@kanzlei-abokal.de