If you are going through a divorce in France, you might wonder how lawyer fees reimbursement in divorce France works and whether you can recover some or all of your legal costs from the other party. . This possibility is often linked to Article 700 of the French Civil Procedure Code (Code de procédure civile), which allows a judge to order one party to pay the legal costs of the other. However, in family law cases, and especially divorces, this indemnity is rarely granted in practice. Here is what you need to know.
What is Article 700 of the French Civil Procedure Code?
Article 700 gives judges the discretionary power to require the losing party, or the party responsible for procedural costs (called “dépens”), to pay a lump sum to the other party to cover certain legal expenses not included in court costs. These typically include lawyer fees and other non-recoverable expenses.
It is important to understand that this indemnity is not automatic. The party seeking reimbursement must explicitly request it from the court. Then, the judge decides whether to grant it and in what amount. The decision is discretionary and does not require detailed reasoning.
Specific Rules in Family Law: Divorce Cases
When it comes to divorce, the application of Article 700 has particular nuances:
- In divorces based on the “definitive breakdown of the marital bond” (altération définitive du lien conjugal), the law (Article 1127 of the Civil Procedure Code) stipulates that the spouse who initiated the divorce generally bears the entire procedural costs (“dépens”).
- As a consequence, this spouse is typically not entitled to receive an indemnity under Article 700 to cover lawyer fees or other expenses.
This legal framework aims to allocate financial responsibility clearly but also limits the possibility of shifting lawyer fees between spouses.
Why Do Judges Rarely Award Article 700 Indemnities in Family Cases?
Family law judges tend to exercise their discretion with particular caution. They often refuse to grant Article 700 indemnities for several reasons:
- To avoid exacerbating family conflicts: Awarding additional costs may increase tensions between the spouses, which judges seek to prevent, especially when children are involved.
- Economic considerations: If the losing party’s financial situation is modest, judges may decline to impose extra financial burdens.
- Equity and fairness: Judges prioritize preserving family harmony and equitable treatment over strict cost shifting.
In practice, requests for Article 700 indemnities in family law cases are frequently denied or result in relatively modest awards.
Supporting Data and Judicial Practice
A study of court decisions from the year 2000 revealed that although more than half of family law cases included a request for an Article 700 indemnity, the actual grants were limited and varied widely in amount (from about €230 to €2,800). This illustrates the cautious stance of courts in awarding these costs in divorce matters.
Other Considerations
- Legal aid recipients: When a party benefits from legal aid (aide juridictionnelle), reimbursement of lawyer fees under Article 700 is usually excluded because the State covers these costs.
- Discretionary nature: Judges do not have to justify their decision extensively when refusing or granting Article 700 indemnities.
Conclusion
While Article 700 of the Civil Procedure Code offers a legal tool for recovering lawyer fees in civil litigation, its application in family law—especially divorce—is limited. Due to judicial discretion, the desire to reduce conflict, and specific legal provisions, indemnities under Article 700 are rarely awarded in divorce cases in France.
If you are considering divorce in France and want to understand how legal costs may be handled, consulting an experienced family law lawyer is essential.
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