Divorce Law
Unfortunately, life often disrupts these expectations. The causes of a relationship breakdown – whether simple estrangement, lack of harmony, or marital infidelity – are irrelevant from this perspective.
Divorce Without an Attorney
In Hungary, a lawyer is not necessarily required for the dissolution of a civil marriage.The parties can arrange the divorce themselves using a form downloaded from the court's website. If the relationship between the spouses has not deteriorated to the point where they can settle all necessary issues amicably, this solution can bring this stage of their lives to a quick and cost-effective end.
But What is the Reality?
However, in most cases, the reality is much more complicated. Divorce is often announced at a stage where the relationship has already deteriorated to such an extent that the parties cannot divorce amicably without outside help.
The problem is even more serious when children are involved. Both parents may believe that it is in the best interests of the minor child if they get custody after the parents separate.
What are Topics Covered by Judge’s Decision?
Divorce can raise numerous issues where the parties are forced to contend with each other. It is essential to have the help of a professional with the necessary expertise, empathy, and diplomatic skills (!) in this highly specialized area of law. In a divorce, a family law judge has to decide on several issues, including but not limited to:
These are all points that fundamentally impact the future of both parties. Therefore, it is crucial to know exactly what rights you have, and what your chances are (either as a husband or as a wife) in "going into battle" with your ex-spouse, based on long-standing judicial practices.
Matrimonial Property Community
Another critical element of the divorce process is determining the duration of the cohabitation period, during which the spouses are considered as joint property owners in the absence of a prenuptial agreement. This period is referred to as the “matrimonial property community”.
The essence of the matrimonial property community is that the assets acquired during its existence – regardless of whether one spouse was solely engaged in upbringing and caring for the child/children while the other established a successful business with a secure family background – are generally to be shared equally between the spouses.
This joint property, which can amount to several hundred million forints, must be divided between the parties, either in or out of court, and the parties must settle accounts with each other. It is essential to be represented by a professional with the necessary skills during the division of the shared marital assets, as inadequate or insufficiently resolute action can deprive you of a significant amount of money to which you are (or would have been) legally entitled.
If you are Thinking of Divorce…
Consult a Specialist!
So, if you are considering divorce or need help with the division of the shared marital assets after a divorce, I strongly recommend consulting a specialist, as the stakes are high in both cases.