The cost of a divorce can vary significantly, depending on whether it is a mutual consent divorce (by agreement) or without the consent of the other spouse (commonly known as litigious or judicial), as well as the complexity of the agreements to be reached.
Regarding a mutual consent divorce (with agreement on everything), the procedure takes place at the Civil Registry Office. In this case, the costs are necessarily lower, as the administrative fee for the process is approximately 280 euros, plus an additional 10 euros for each certificate required, such as marriage and birth certificates of children.
The appointment of legal representatives is not mandatory, which makes the procedure more affordable if legal support is not sought. However, it is always advisable that the parties are properly advised by legal professionals in the field.
If legal support is sought, fees will depend on the professional, the jurisdiction in which it is located, the difficulty and urgency of the matter, and the intellectual creativity involved, without prejudice to other conditions.
On the other hand, in a judicial divorce process (if one of the spouses does not consent to the divorce, or if there is disagreement on some necessary agreements), lawyer fees, which are mandatory due to the value of the case, will certainly be higher than in a mutual consent process. This is due to the different complexity, which might require trial, witness hearings, among other things.
Regarding other expenses, since this process will proceed to judicial court, the court fee could be around 306 euros or 612 euros, depending on whether an agreement is reached or one party is defeated. If there is agreement in this process, each party will pay a court fee of 612 euros. Without agreement, the losing party will pay the full fee.
In summary, in cases of dispute, fees and/or administrative charges, as well as lawyer fees, are necessarily higher than in situations of agreement between spouses. Lawyer fees can range from 300 euros to several thousand euros, always depending on the degree of difficulty of the divorce.
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Dantas Rodrigues has been a lawyer since 1993 and is a partner at Dantas Rodrigues & Associados. He has also been a professor of Law at Polytechnic Higher Education since 1995.
