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]:
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:
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.