Spouses with children will now be able to divorce in a single proceeding. MPs approved an amendment to the Civil Code to simplify the divorce process and strengthen the protection of minors. The law now heads to the Senate.
Spouses with children will now be able to divorce in a single proceeding. MPs approved an amendment to the Civil Code to simplify the divorce process and strengthen the protection of minors. The law now heads to the Senate.
The amendment unifies divorce and custody proceedings, abolishes the mandatory questioning of parents and the determination of the causes of the breakdown of a marriage. If spouses agree on everything essential – including child custody – they can divorce in one court proceeding. Representation of a child by a conflict guardian will no longer be automatic unless the court finds a conflict of interest.
The new law explicitly prohibits corporal punishment of children, albeit without introducing new sanctions. At the same time, the division of custody into “alternate”, “joint” and “sole” is abandoned– both parents remain equally responsible, even after divorce. The amendment also introduces the possibility to assign maintenance claims or to negotiate maintenance even with joint custody. Proposals for notarial divorce or reform of the Supreme Court appeal were rejected by the House.
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TheMinistry of Justice has introduced an amendment to the law to further simplify the divorce process in court. The primary goal, according to the drafters, is not to make divorce an easy matter, but to eliminate outdated legislation. What will this amendment bring to our clients who are considering divorce?
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