Divorce

Marriage can be dissolved by a court at the joint request of the spouses or at the request of only one of the spouses.

Kulcsszavak: marriage, divorce, divorce by mutual consent, appeal, mediation, matrimonial proceedings, application initiating matrimonial proceedings

Divorce proceedings must be initiated against the other spouse in person. To initiate proceedings, an application must be lodged with the district court.

The court may dissolve the marriage at the request of either spouse, taking into account the best interests of their minor child, if the marriage has completely and irretrievably broken down. The court declares the complete and irretrievable breakdown of the marriage particularly in cases where the union between the spouses is dissolved and, with a view to the process leading to the dissolution of the union or the period of separation of husband and wife, there is no prospect of restoring it.

Prior to the commencement of the divorce proceedings or, at the instance of the court, during the divorce proceedings, the spouses may have recourse to mediation to settle issues in dispute.

If the spouses want to divorce by ‘mutual consent’, they will have to agree on the following additional issues:

If the spouses agree on joint parental responsibility, i.e. that they continue to make joint decisions on all matters relating to the child after the divorce, they do not need to agree on the issue of contact with the child. However, they still have to agree on which of them will have the child residing at his/her place of residence.

If the parties want to dissolve the marriage by mutual consent, the application must be accompanied by an agreement containing the common position of the parties on all the matters referred to above, provided that this is available at the time the application is lodged.

In order for the spouses to divorce by mutual consent, the court must approve their court settlement on the aforementioned additional issues. The court approves the settlement if it complies with the law.

The following shall be included in the application:

 

In the introductory part:

 

In the substantive part:

 

In the closing part:

 

The application must be accompanied by the following:

 

In divorce proceedings, the following must be provided in addition:

 

The application must be accompanied by:

 

Applicants acting without a legal representative must lodge their applications using the relevant form. The purpose of the form is to assist in the enforcement of claims as it serves as a guide for the applicant to ensure that all the necessary details are included in the application.

https://birosag.hu/nyomtatvanyok/az-eljarast-megindito-nyomtatvanyok/keresetlevel-hazassagi-bontoperben-0

https://birosag.hu/nyomtatvanyok/az-eljarast-megindito-nyomtatvanyok/keresetlevel-hazassagi-bontoperben-szerkesztheto

 

Applicants acting without a legal representative are not required to provide legal basis, legal arguments and references to legislation among the necessary details of the application.

 

To further assist applicants acting without a legal representative in enforcing their claims, applications may be presented orally at the district court of their place of residence or work or having competence to conduct the proceedings during office hours available for this purpose and will be recorded by the court using the relevant form.

The fee for divorce proceedings is HUF 30 000.

The district court for the place of residence of the defendant has competence to conduct the proceedings. If the defendant does not have a place of residence in Hungary, jurisdiction will be determined on the basis of the defendant’s place of stay; if the defendant’s place of stay is unknown or abroad, the last place of residence in Hungary will prevail, or if this cannot be established or the defendant never had a place of residence in Hungary, jurisdiction will be based on the place of residence or, failing that, the place of stay of the applicant. In addition, the court for the last joint place of residence of the spouses also has competence to conduct marriage proceedings.

Regional court. The judgment may be appealed before the regional court.

The appeal must contain:

 

If a party acts without a legal representative, the appeal may be presented orally at the court of first instance during office hours available for this purpose and references to legislation may be omitted from the appeal when presenting the violation of law on which the appeal is based.

 

A divorce judgment may not be revised or reviewed.

E-justice

Date of the case description: 27/05/2020

 

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Act V of 2013 on the Civil Code: Sections 4:21 to 4:23

Act CXXX of 2016 on the Code of Civil Procedure: Sections 170 to 172, 246 to 247, 371, 388, 429 to 435 and 453 to 463

Act XCIII of 1990 on duties: Section 43(1)

 

CIKFO