Divorce in Hungary

Choose the law of your divorce!

Do you want a cheap and fast divorce in Europe? If your answer is yes, before starting any divorce procedure ask a lawyer, which country’s law is the best for you. In the major part of Europe, you have an option to choose among the law of different countries, if you or your spouse have some links to those countries. For details read our article below!

Why choose the law of divorce?

Different countries have different rules for divorce.

Sometimes the difference is so huge that it really matters which law will govern your divorce. For example, in some countries you have to live separated for years before getting divorced, while in others you can divorce any time you want.

It may be shocking, if you prepare for something that is usual in your home country, but it turns out that the applicable law in the divorce procedure is not the law of your home country, and the rules of the game of the divorce procedure are different.

So it is worth choosing the divorce law in your case, because the length and the cost of the divorce procedure can depend on it.

Where can you choose the divorce law

For the time being, you can choose your divorce law, if you start your divorce procedure one of  the following European countries: Austria, Belgium, Bulgaria, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Portugal, Romania, Slovenia, Spain.

You can find these countries in green on the map below:

Which countries’ divorce law can be chosen

You can choose the law of the following countries:

• where you live with your spouse
• where you last time lived together with your spouse, if either of you still lives there
• where you or your spouse has citizenship
• where the court is before which you start the divorce procedure.

Is there any personal requirement for the spouses

You can choose a law if there is something international in the marriage. If you are both German, married in Germany and living in Germany, you can’t choose the French law. However, if you are Italian citizens living in Hungary, you have the possibility to choose the law for divorce.

It doesn’t matter what your citizenship is, or what your home country says about applicable law for divorce as long as you choose for example Hungarian law for your divorce. The validity of your choice will be judged by the law that you choose, not by the law of your home country.

This makes it possible to benefit from the fast procedure of Hungarian divorce, even if you are from a country where divorce takes years.

How to choose the divorce law?

You can choose the law for your divorce together with your spouse only in writing. All you have to do is to sign a short agreement with your spouse before starting the divorce procedure.

It is important that you have to agree with your spouse regarding the chosen law. If there is no agreement between you and your spouse, the judge will not apply the law that you chose, but not accepted by your spouse.

When can you choose the divorce law?

In general, the you must choose the divorce law before staring the court procedure. Practically it means that when you start the divorce procedure, you have to send a written contract to the judge, signed by you and your partner, in which you agree on the applicable law.

However, in certain countries, e.g. Hungary, you have a little bit more time to choose the law. In Hungary it is possible to start the divorce procedure, and to agree with your spouse in the applicable law during the initial phase of the divorce litigation.