International Divorce & Family Law: Hungary
We are regularly involved in cases with an international dimension. This includes divorce of Hungarian nationals or divorce of individuals with a connection to Hungary. Our clients may be seeking a divorce, or have issues relating to their family finances or are wishing to resolve a dispute regarding children.
Here we discuss some of the specifics regarding family law and Hungary.
Grounds For Divorce In Hungary
The single basis on which to apply for a Hungarian divorce is the ‘irreversible and final deterioration’ of the marriage. The courts usually hear the parties’ submissions before granting a divorce but if a divorce is uncontested a hearing may not be necessary.
Division Of Property In Hungarian Divorce
Under the Civil Code Hungarian judges possess a wide discretion when it comes to settling financial matters on divorce. They can call on tax authorities and financial institutions to ensure financial matters are dealt with transparently during the divorce proceedings.
Section 4 of the Civil Code specifies that, unless a prenuptial agreement provides otherwise, all marital assets are held under a community property regime. This means all assets acquired by a husband and wife during marriage are jointly owned and on divorce must be divided equally. Courts may only depart from this principle if it is reasonable and fair to do so.
Maintenance Payments In Hungary
Maintenance payments are subject to relatively stringent conditions in Hungary compared to some other jurisdictions. For example, a spouse can’t claim maintenance if he or she is ‘unworthy’ of it due to behaviour during the marriage. Nor will maintenance be paid if, by doing so, the paying spouse would endanger his or her livelihood. If the estranged couple cohabited for less than a year and there are no children of the marriage, maintenance will only be payable for the same time as the couple lived together.
Child Arrangements In Hungary
In Hungary parents have joint custody of children unless one is given sole custody following a court order. In the same way the UK courts approach child arrangements, the Hungarian courts consider how best to safeguard the physical, mental and moral wellbeing of the child.
Getting Legal Advice On Hungarian Divorce
If you are seeking divorce and would like proceedings to take place in the UK, then you will need to start those proceedings before your partner does so in Hungary. That’s because – within Europe at least – if your spouse starts proceedings in the country of his or her choice before you bring a petition you will only be able to change that jurisdiction in extremely rare circumstances.
Brookman Solicitors acts for UK nationals living in Hungary, couples who were married in Hungary and Hungarians in the UK who are going through a divorce. We also advise individuals with family, children or other connections to Hungary.
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