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Divorce with legal aid

Every day we are approached by dozens of clients with questions about their divorce. One of the most frequently asked questions: “What will the divorce cost?”. However, the costs of divorce are not the same for everyone. First of all, the costs depend on the time we need to take care of the entire procedure for you. Second, you may also be able to divorce with legal aid. The government tries to stimulate mediation and to this end provides subsidies for mediation in divorce situations. Because all our mediators are MfN registered mediators with a specialization in family law, we can apply for legal aid at the Raad voor Rechtsbijstand for you.

Reference year for divorce with legal aid

Whether you are eligible for legal aid depends on your income and assets in the reference year. As the reference year, the Raad voor Rechtsbijstand uses the year, two years before the current year. For an application in 2020, the Raad voor Rechtsbijstand therefore looks at the year 2018. The Raad voor Rechtsbijstand receives this information from the tax authorities.

Personal contribution for divorce with legal aid

If you are eligible for legal aid, you always have a personal contribution towards the costs of the procedure. For the year 2020, the personal contribution has been set at € 55 or € 109 per person. The amount of the personal contribution depends on your family composition and the level of income in the reference year. The Legal Aid Board distinguishes between divorcing spouses with and without children.

Divorce with legal aid without children

If no child was registered at your home address at the time when the legal aid is requested for you, the personal contribution will be € 55 for an income up to € 19,800 per person. With an income between € 19,801 and € 27,900 per person, the personal contribution is € 109. With an income above € 27,900 per person you are not eligible for legal aid.

Divorce with legal aid with children

If one or more children were registered at your home address at the time the legal aid is requested for you, the personal contribution will be € 55 for an income of up to € 27,500 per person. With an income between € 27,501 and € 39,400 per person, the personal contribution is € 109. You are not eligible for legal aid if you have an income above € 39,400.00 per person.

Equity

Equity also plays a role in whether or not you qualify for legal aid. If you have savings or, for example, a second home and you had more than the tax-free equity in the reference year, you are not entitled to legal aid. The tax-free equity in 2018 was € 30,000 per person.

Change of reference year

If you are not eligible for legal aid on the basis of your income and / or equity in the reference year, but if your income and / or equity have decreased, so that you are now eligible, you can ask the Raad voor Rechtsbijstand to look at your current financial situation. This is done by means of a request to change the reference year. Your mediator will send you the forms for the reference year change on request.

Result assessment

At the end of the procedure, the Legal Aid Board will check whether you have rightly received legal aid. You still have to pay the costs of the mediation if you have more than half of the tax-free equity after the divorce. In 2020 the tax-free equity is € 30,846 per person; the outcome limit is therefore € 15,423 per person.

Court fees

The court fees are € 304 for the year 2020. If you qualify for legal aid, you will also receive a discount on the court fees. If one of you is eligible for legal aid, the court fees are € 193.50. If you are both eligible for legal aid, the court fees amount to € 83.

What does the divorce cost?

If you are both eligible for legal aid, the costs of the procedure will amount to € 193 to € 301 all-in. Even if (one of) you do not qualify for legal aid, our office can take care of the divorce procedure at very reasonable rates. You can always contact us for a tailor-made cost estimate.

Want to make an appointment?

Would you like to make an appointment or receive a cost estimate? Please feel free to contact us.
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