New legislation
From 2026, the amendment to the Civil Code will simplify divorce proceedings and child custody arrangements. The court will no longer automatically ascertain the causes of the breakdown of the marriage and, in cases where the spouses agree, it will be possible to combine divorce proceedings with custody proceedings into one.
If the parents agree, it will no longer be necessary to interview them and the child’s conflict guardian will only be present if there is a conflict of interest. The distinction between forms of custody (alternate, joint, exclusive) has also been abolished – custody by both parents will continue to be seen as a natural consequence of parental responsibility. Maintenance can also be established in the case of joint custody if the parents agree on it.
The law also introduces a prohibition on corporal punishment and mental hardship of the child, and allows the assignment of a claim for maintenance due, for the full amount of the principal. Payment of maintenance will only be possible on a non-cash basis and interest on late payment will be increased. The amendment now awaits the President’s signature.
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