Consideration of Private Arrangements for Cost Allocation in Divorce Proceedings
In a recent decision by the Bremen Higher Regional Court, the significance of private agreements between spouses regarding the distribution of costs for divorce proceedings was highlighted. The decision clarifies that amicable agreements between the parties concerning cost allocation must also be considered in court proceedings, provided there are no indications that such an agreement is invalid.
Initial Situation of Cost Allocation in Divorce Proceedings
In the initial case, the spouses had reached a written agreement during their divorce proceedings, according to which they would equally share the costs associated with the divorce. After the conclusion of the court proceedings, the respondent applied for the correction of the cost assessment, as the court had previously assumed the statutory rule that both parties would bear half of the court costs, unless there was a differing court decision.
Decision of the Bremen Higher Regional Court on the Validity of Private Agreements
The Bremen Higher Regional Court pointed out that there are generally no objections to considering a valid cost regulation agreed upon between spouses as decisive in deciding on cost allocation. The prerequisite is that the agreement does not violate legal prohibitions or public policy. If such concerns are not evident, the agreement is binding and should be considered by the court.
In this respect, the OLG decided that a court must not solely refer to statutory regulations on cost allocation if there is a differing, valid agreement between the parties. The judicial cost decision must reflect the will of the parties if the court does not have concrete indications of the agreement’s invalidity.
Limits of Judicial Review Authority
In its decision, the court also emphasized that it is not required by itself to comprehensively and individually examine the validity of a cost agreement. Doubts about the validity must arise from the individual case or be substantially raised by a party. If such indications are not provided, the court is obliged to implement the parties’ valid agreement in the cost decision.
Significance for Future Divorce Proceedings
The decision of the Bremen Higher Regional Court makes it clear that private agreements between spouses on cost allocation during divorce proceedings should generally be taken into account in court proceedings – as long as the agreement is valid and not objectionable. For spouses, this can lead to greater flexibility and clarity regarding the financial burdens involved in the divorce process.
Further information on this decision can be found in the published source (Bremen Higher Regional Court, decision of 28.07.2021, Ref. 4 WF 54/21).
For parties seeking to address legal questions related to cost distribution in the context of divorce proceedings, professional advice can significantly contribute to legally secure arrangements. Follow the link below for more information onLegal Advice on Divorce by MTR Legal.
