Divorce Cost Calculator: Calculate lawyer fees and court cost

In Germany a marriage can be divorced in a hearing before a family court (Amtsgericht), at which at least one spouse must be represented by a lawyer (FamFG §114 para. 1 and para. 4 no. 3). The pension equalization, i.e. the equalization of pension entitlements during the marriage, is the only divorce consequence to be heard ex officio in the divorce proceedings, if it was not excluded by a prenuptial agreement from the spouses. In this divorce cost calculator all other divorce related matters are not taken into account. The actual fee tables for court cost (GKG) and lawyers fees (RVG) came into force on 01.01.2021 and are used in this divorce cost calculator. Divorce cases which started already before 01.01.2021 are not covered. So far the former fee tables from 01.08.2013 apply here.

Content

How to use the calculator for divorce cost

Key in information about the divorce cost

The marital standard of living, which is based on income and assets, is decisive for determining the procedural value on which the calculation is based. The net income of a spouse is calculated from the average monthly income of the last 3 months minus the wage tax or income tax. The amounts should be entered for each spouse. The number of joint children under the age of 18 should be entered or a 0 if there are no children. The joint assets and joint debts of both spouses must be entered. To take into account the pension equalization, the number of pension rights are to be entered or a 0 if there are no pension rights or the pension equalization has been excluded.

Adjustment of the asset allowances

When determining the value of proceedings, the courts apply different allowances with regard to assets. The default settings refer to common values, but these can also be adjusted if necessary.

Enter current values and select [Calculate]:

Adjustment of the asset allowances
Asset allowance per spouse
Asset allowance for each child

Entries for the divorce cost Calculator
Net income per month (1. spouse):
Net income per month (2. spouse):
Number of joint children under 18 years:
Joint assets:
Joint debts:
Number of pensions in pension equalization:

Results of procedural value calculation
Charged Amount: Procedural Value:
Combined Income:
Combined Assets:
Matrimonial Case:
Pension Equalization:
Total:

Results of divorce cost calculation
Amount:
Lawyer Fees:
Court Cost:
Total Divorce Cost:

Results of the divorce cost calculator

The costs for a divorce proceeding consist of the lawyer's fees and the court cost. To calculate the costs, a procedural value is determined according to the entries for the matrimonial matter and for the pension equalization and added to a total value. The lawyer fees and court cost are calculated on the basis of this procedural value. The sum of the lawyer fees and court cost results in the divorce cost.

Notes on the results of the divorce cost calculator

There are special cases possible. These are displayed in red as a note to the result:

Pension rights equalization

During the marriage, normaly each spouse has acquired different pension entitlements. In the event of divorce, the different pension entitlements are balanced out between the spouses by means of pension equalization. The number of different pension entitlements and the charged monthly net income are relevant for the calculation of the procedural value.

Calculation of the procedural value

The cost of divorce proceedings consist of the lawyer fees and the court cost and are calculated according to the procedural value. This procedural value is the sum of the procedural value for the matrimonial matter and the pension equalization.

Charged monthly net income

The charged monthly net income is calculated from the sum of the net income of both spouses reduced by a child allowance, if there are children under the age of 18. A child allowance of 250 € per child is considered appropriate by the family courts and is taken into account in this divorce cost calculator.

Charged joint assets

The joint assets taken into account consist of the assets of both spouses, less debts and an allowance. The courts deduct allowances of €15,000 up to €60,000 per spouse. For each minor child up to 30,000 € can be deducted. In this divorce cost calculator, the maximum amounts are used as default values. These values correspond to the usual court decisions. However, the allowances for assets can also be adjusted in the divorce cost calculator if necessary.

Procedural value for the matrimonial case

The procedural value for the matrimonial case is determined by the Act on Court Cost in Family Matters (FamGKG §43) and is set by the court being in charge of the case. This law sets 2 guidelines for calculating the procedural value:

  • The procedural value for the matrimonial case may not be assumed to be less than €3,000 and not more than €1 million.
  • The net income earned by the spouses in three months is to be used for income.
In this divorce cost calculator, the procedural value for the matrimonial case is determined by the triple value of the charged monthly net income. In addition, 5% of the charged joint assets after deduction of the allowances is added to the procedural value for the matrimonial matter.

Procedural value for pension rights equalization

The procedural value for the pension rights equalization is determined by the Act on Court Cost in Family Matters (FamGKG §50), paragraph (1) and set by the court. This law establishes 2 guidelines for calculating this procedural value in divorce:

  • The procedural value for the pension equalization is at least 1,000 €.
  • The procedural value for each pension right is 10% of the spouses' net income earned in 3 months.
If the pension rights equalization has not been excluded, the charged monthly net income and the minimum amount are taken into account in this divorce cost calculator to calculate the procedural value for the pension equalization.

Calculation of lawyer fees

For the calculation of the lawyer fees, the table according to the Lawyer Fees Act (RVG), Annex 2 (to Section 13 (1) Sentence 3)) of 01.01.2021 defines the so-called simple value fees depending on the value of the proceedings as an upper limit. This table specifies a maximum procedural value of €500,000. For higher procedural values, the fee increases by €165 for every €50,000. Based on the entries in the divorce cost calculator, for an example the following lawyer fees result for a divorce proceeding if there are no further subsequent divorce matters at a procedural value of €13,860.00:

1,3 Procedural Fee
1,2 Appointment fee
Expense Allowance
Subtotal
19 % VAT
Total

The spouse filing for divorce and therefore hiring a lawyer has to pay the lawyer's fees. In the case of an amicable divorce, in which only one spouse is represented by a lawyer, it could be agreed between the spouses that the lawyer's fees are shared. In this case, each spouse would only have to pay €1,079.93.

Calculation of court cost

For the calculation of court cost, the table according to the Court Cost Act (GKG), Annex 2 (to Section 34 (1) Sentence 3) of 01.01.2021 defines the so-called simple value fees depending on the procedural value as the upper limit. This table specifies a maximum procedural value of €500,000. For higher procedural values the fee increases by €198 for every €50,000. When calculating the court cost, a twofold fee is applied. The spouse filing for divorce has to pay an advance the court cost, but ultimately the other spouse has to pay half of the court cost. There is no sales tax on the court cost.

Divorce related matters

Matters subsequent to divorce are matters that are related to the divorce but do not necessarily have to be settled together with it. These include:

In this divorce cost calculator the above mentioned divorce related matters are not considered. The equalization of pensions is also counted as a divorce related matter, but is settled by the court as part of the divorce.