Calculator
What a divorce costs
Two items, one figure behind both. The calculator is right below and works with your figures. What the total depends on and who bears it in the end follows after that.
What the total
depends on
Two items and one figure that drives both
A divorce costs court fees and lawyer fees. Neither is calculated by the work involved but by the Verfahrenswert (value of the proceedings), which the Familiengericht (family court) sets. Two official tables state how high the fee is for that value.
So there is no fixed price, and no hourly rate either. The total can still be calculated, and the calculator above adds it up for your figures.
The value of the proceedings
The basis is three times the two monthly net incomes, at least €3,000, § 43 FamGKG. If you each earn €3,000 net, that makes €18,000. Assets above an allowance are added in part, and each right in the Versorgungsausgleich (pension rights adjustment) raises the value by a tenth, § 50 FamGKG.
For the self-employed, the court usually takes the average of several years. For civil servants, the civil service pension counts in the Versorgungsausgleich (pension rights adjustment) where the statutory pension would otherwise be.
If the court also decides ancillary matters, the value rises further. Ongoing maintenance counts at twelve times the monthly amount, § 51 FamGKG, and the marital home and household goods at fixed amounts, § 48 FamGKG. For the divorce itself, the value is capped at €1 million, § 43 FamGKG. It is only set during the proceedings, usually with the divorce decree.
The court fees
The divorce incurs a double value-based fee, No. 1110 of the schedule of costs to the FamGKG. The court requests it as an advance before it serves the petition on the other side.
The lawyer fees
Each lawyer charges a procedural fee of 1.3 and a hearing fee of 1.2, plus the flat rate for postage and telecommunications of at most €20, and VAT. These rates are also set by law, in the schedule of fees to the RVG.
Who pays
what
Paying up front and bearing the cost are two different things
The advance on court fees is paid by the side that files, otherwise the court does not serve the petition. That is a payment up front and not yet a division of costs.
In the end, the court usually splits the costs in matrimonial matters, § 150 FamFG. Each side bears half of the court fees and its own lawyer. Whoever paid the advance alone can claim half of it from the other side.
As a rule, divorce costs have not been tax-deductible since 2013, § 33 (2) sentence 4 EStG. The Bundesfinanzhof (Federal Fiscal Court) confirmed this in 2017. Maintenance paid to a former spouse is different: it can be claimed through Realsplitting (a special tax deduction).
The other side saves on its own lawyer
In an einvernehmliche Scheidung (uncontested divorce), only the side that files needs a lawyer. Whoever consents pays half of the court fees in the end and nothing else. That is why this route costs less.
If money
is tight
Legal aid
If your income does not cover the proceedings, the state advances the costs or waives them, § 113 (1) FamFG with §§ 114 ff. ZPO. The calculation is based on your income, your assets and your ongoing expenses. In addition, the proceedings must have reasonable prospects of success. This is an entitlement, not charity.
You apply with a declaration of your personal and financial circumstances. We bring the form, you bring the documents. We file the application together with the Scheidungsantrag (divorce petition); if it comes later, you bear costs you would not have had to bear.
- Proof of income for the last few months
- Your lease and the latest statement of utility costs
- Bank statements
- Proof of loans, installments and maintenance obligations
Granted does not mean closed
If your circumstances improve substantially in the years after the proceedings, the court can amend the grant and demand installments. So an inheritance or a new job must be reported.
The first
conversation
What the consultation itself costs
For an initial consultation, a law firm may charge consumers at most €190 plus VAT, which is €226.10, § 34 (1) sentence 3 RVG. That is the statutory ceiling, not a flat rate of our firm. We tell you what applies in your case before you commit.
If we then take on your case, this fee does not apply.
What comes
on top
What this calculation does not include
The calculator covers the divorce proceedings. Depending on the case, these items come on top and follow fee rules of their own.
- The notary for a Scheidungsfolgenvereinbarung (divorce settlement agreement), under the GNotKG and likewise based on a value of the matter
- Certified translations and apostilles, if the marriage took place abroad
- An expert report, if there is a dispute about parental responsibility or contact
- Certificates from the registry office
- Ancillary matters such as maintenance or the Zugewinnausgleich (accrued gains), which raise the value of the proceedings as soon as the court has to decide on them
The figure in the calculator is therefore an estimate for the typical case, not a promise.
Further
reading
The marital agreement and one lawyer for both
- Marital agreement · About 3 minutesWhat does a marital agreement cost?Notary fees for a marital agreement are set by statute (GNotKG) and follow the assets it covers; they are not open to negotiation.
- Uncontested divorce · About 5 minutesDivorce without a lawyer: or is one enough for both?A divorce entirely without a lawyer does not exist in Germany: representation before the court is mandatory. When a single lawyer is enough and what you save.
The first
step
We tell you beforehand what it costs in your case
60 minutes, at our office or by Zoom. You give us your figures and learn the range you are in before you have hired us for anything.
Or give us a call: +49 69 97391424, Mon to Fri, 10 am to 1 pm and 3 pm to 6 pm.