Divorce in Hungary

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Five questions to agree

As we described in another article, there is a possibility to divorce with mutual consent. The condition thereto is to agree in five essential questions. The agreement is the best to make in writing before starting the procedure, so it creates the base of the whole procedure. We would like to show you what questions you have to discuss together.

1. The use of the common house or flat

If both of the parties have left the house or flat where they had lived together, it’s not a question, it is enough to declare that none of them uses the common residence anymore. However, if only one of them have moved, and the other is still staying there, they should make it clear that he or she is allowed to live there. The parties can also agree in using the flat or house shared, or let the other party to use the garage, or other part of the real estate for storing purposes, etc.

2. Spousal support

It is not a must to pay spousal support, parties can agree also in not paying anything to each other.

We would like to mention that according to Hungarian law there are only special cases, when somebody is entitled to spousal support. The main conditions are the followings:

  • unable to live a life alone for reasons not caused by himself or herself (typically: serious illness, being unable to work, or being on a child care leave are accepted as reasons)
  • not being responsible for the breakdown of the marriage
  • the other party can afford the support

The parties can agree in giving spousal support even if not meeting the above mentioned conditions. We would just draw your attention to that spousal support is mainly based on the other person’s goodwill. Having an argument in this question may lead to a longer divorce ending up in not getting any spousal support.

The rest of the questions below must be agreed only if there is a common child, or any child born during the term of the marriage.

3. Placement of child

The parties have to decide the place where the child should live. In this question it is very important to take the child’s interest into consideration. It is not advised to pick the child from the environment he or she is used to. It is also not advised to separate the child from his or her sisters and / or brothers if there are any.

4. Maintenance of child

This question is always a sensitive part of the discussion. Both parties have to consider the child’s interest, what the child needs, and what the parties are able to provide. It is also important what the salary and other asset conditions are in the case of both parties.

5. Visitation

The parents have to agree in the time intervals and the duration of such visits, whether visits are made systematically or periodically, any supervision that might be required during the visits, as well as the place where the child is collected and returned, the time and method of exchange, the notification obligation when the visit is cancelled and for rescheduling cancelled visits.

If the child is able to express his or her will, it also has to be taken into consideration.

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