Closing a chapter with respect

Whether a relationship lasts a long or a short time, it has a unique value in our lives. When it comes to an end, the loss is inevitable. It is advisable to seek legal advice at an early stage of a divorce or separation, as this will assist the parties in making informed decisions that are in the best interests of themselves and their children.

According to Hungarian law, an application for the dissolution of the marriage can be filed immediately following the breakdown of the relationship, without the requirement for the parties to live separately for a specified period of time. Furthermore, the grounds for divorce are not based on fault, but rather on an objective basis, with the court examining whether the marriage has been permanently and irretrievably broken.

The length of the court proceedings depends mainly on whether the divorcing couple can reach an agreement or they request a court order. In the absence of an agreement it is necessary to establish the facts, hear witnesses and appoint an expert - which means that the proceedings will take longer.

In order to obtain an uncontested divorce, the following must be agreed upon by the divorcing couple: the start and end dates of the relationship, parental responsibility, contact, child support, usage of the family home, spousal maintenance.

If the parties have agreed upon all the above mentioned issues and presented their agreement to the court, the divorce can be granted at the first hearing, or, if there are minor children, at the second hearing. The court will examine the parties' agreement and, if it is staisfied that it is in accordance with the law and in the best interests of the minor child(ren), will issue an order approving it.

It is in your best interest to settle the property claims by agreement. Without an agreement, you will have to wait until the divorce decree is final before you can bring an action for property division. The costs of such a procedure can be significantly high. 

When your de facto relationship ends, if you have minor children, you need to agree on custody, contact and child support with your partner. It is also possible to request that the agreement be approved by the court, thereby ensuring its enforceability.

Make an appointment for a personal or online consultation and let's find out what might be the best solution for you. We help you finalise your family law matter and move forward with confidence after a relationship breakdown. Contact >>

 

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