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Questions on divorce

A marriage may be dissolved by the mutual consent of the spouses, on the application of one of the spouses or through the fault of a spouse (spouses).

A marriage may be dissolved by the mutual consent of the spouses provided all the following conditions have been satisfied:

 

1)over a year has elapsed from the commencement of the marriage;

2)the spouses have made a contract in respect of the consequences of their divorce (property adjustment, maintenance payments for the children, etc.);

3)both the spouses have full active legal capacity.

A mutual application of the spouses for divorce shall be presented to the court of the district where one of the spouses resides. The application must be accompanied by the contract as to the consequences of the divorce. The application must contain reasons why, in the opinion of the spouses, their marriage has broken down.

A marriage may be dissolved on the application of one of the spouses filed with the court of the district where the applicant resides, if at least one of the following conditions are satisfied;

1)the spouses have been separated for over a year;

2)after the formation of the marriage one of the spouses has been declared legally incapacitated by the court;

3)one of the spouses has been declared missing by the court;

4)one of the spouses has been serving a term of imprisonment for over a year for the commission of a non-premeditated crime.

On behalf of the spouse lacking legal capacity the application for divorce may be filed by his or her guardian, a public prosecutor or a guardianship and care institution.

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