FAMILY LAW

The marriage must have lasted at least one year, and the spouses must apply together or one must accept the case filed by the other. The judge hears the parties in person and grants the divorce if satisfied with the protocol covering custody, maintenance, compensation and division of property. An uncontested divorce is usually concluded in a single hearing.

It depends on the court’s workload, the number of witnesses and items of evidence, interim steps such as social assessment reports, and whether appeals are lodged. It is therefore not possible to give a fixed duration; the parties may reach agreement during the proceedings and convert the case into an uncontested divorce.

Custody is decided according to the best interests of the child. The court considers the child’s age, each parent’s ability to provide care and social assessment reports, and also hears a child old enough to express a view. Contact is arranged between the child and the parent not awarded custody.

There is interim maintenance paid during the proceedings, spousal maintenance paid to a spouse who would fall into hardship because of the divorce, and child maintenance paid towards the child’s expenses. When circumstances change, an increase, reduction or termination of maintenance can be requested.

For the period after 1 January 2002, the statutory regime is participation in acquired property. As a rule, each spouse receives half of the net value of property acquired during the marriage; property owned before the marriage and property inherited are personal property. Liquidation of the property regime can also be pursued as a separate action.

Under Law No. 6284, protective and preventive orders can be requested by applying to the police, the public prosecutor or the family court. These orders do not require proof of violence by evidence or documents and are granted without delay. In emergencies, call 112 or 155.