The legal provisions regarding divorce in Hungary are contained in the Hungarian Family Law Act. A marriage can end when both spouses believe that their marriage is completely irreparable. According to Hungarian law, the couple does not need to specify an exact reason for the dissolution of the marriage.
Our lawyers in Hungary can legally represent you if you are going through a divorce in Hungary.
Both parties need to mutually agree and declare that the marriage cannot continue. The divorce procedure in Hungary is based on a common declaration of will submitted by both parties. Usually, a statement from both parties is sufficient proof that the marriage has become impossible. In this case, there is no need for a detailed and exhaustive examination of the reasons that lead to the divorce. For any assistance regarding a divorce in Hungary, the services of experienced lawyers are at your disposal.
Complete guide to getting a divorce in Hungary
To get a divorce in Hungary, you need to follow a legal process.
Here’s a general guide on how to obtain a divorce in Hungary:
- Eligibility: In Hungary, divorce is available to both Hungarian citizens and foreigners who meet certain residency requirements. At least one spouse must have a legal connection to Hungary, such as being a resident or a citizen;
- Consult an attorney: It’s advisable to consult with our attorneys specializing in Family Law in Hungary. They will guide you through the divorce process, explain your rights, and help you understand the legal implications;
- Filing a petition: The divorce process in Hungary starts with filing a divorce petition. This petition should be submitted to the regional or district court in the jurisdiction where either spouse has a permanent address;
- Grounds for divorce: In Hungary, a divorce can be granted based on fault-based or no-fault grounds. Fault-based grounds may include adultery, cruelty, abandonment, or other serious reasons that have led to the breakdown of the marriage. No-fault grounds typically involve a separation period of at least one year;
- Legal separation: Before proceeding with a divorce, Hungary requires spouses to go through a mandatory period of legal separation. During this time, the court will assess the possibility of reconciliation. If reconciliation is not possible, the separation period allows the court to evaluate the grounds for divorce;
- Divorce proceedings: After the legal separation period, divorce proceedings can begin. Both spouses will need to provide evidence supporting their claims or defenses. This can involve presenting documents, witnesses, or other relevant evidence to the court;
- Custody and financial settlement: During the divorce proceedings, matters related to child custody, visitation rights, and the division of assets and debts will be addressed. The court will consider the best interests of the child when determining custody arrangements and will aim for a fair distribution of assets and liabilities;
- Court decision: Once all relevant issues have been considered, the court will issue a divorce decree. This decree officially terminates the marriage;
- Registration: The divorce decree must be registered with the local civil registry office (Csongrád megyei önkormányzat anyakönyvvezetője) to update the marital status in official records.
It is important to note that divorce procedures can vary depending on individual circumstances, and it is advisable to consult with our qualified attorney who can provide personalized guidance based on your specific situation. Please consult with our lawyers in Hungary for their practical assistance.
In addition to this, if you are thinking about relocating to Hungary, our immigration lawyers can help.
The distribution of assets after a divorce in Hungary
When deciding to get married in Hungary, couples enter a conjugal community of property that lasts throughout the marriage. Accordingly, all assets acquired jointly or individually during the marriage belong to both parties. This conjugal community of property does not apply to assets owned by one of the parties before the wedding.
In case of divorce, the spouses may request that a court divides the common goods and property acquired throughout the marriage. However, a court order is not mandatory if the spouses can agree upon a contract that stipulates the manner in which the assets will be divided. Our Hungarianlawyers can help you draw up any and all necessary agreements and contracts. In addition to this, if you are planning to apply for Hungarian citizenship, you can get in touch with our lawyers. With the assistance of our Hungarian lawyers, you will able to understand the whole application procedure step by step and also become able to comply with the required criteria. If you are interested, the services of our lawyers are at your disposal.
Parental custody and responsibility after a divorce in Hungary
The residence of the child or children has to be established in case of a divorce. This decision is usually made by the parents. If the former spouses cannot come to a conclusion, the court will decide where the child will live.
Parental custody rights are given to the parent with whom the child will live. The other parent also has certain rights, and will continue to be involved in the child’s life and take part in important decisions regarding the child’s future.
How our divorce lawyers can help in Hungary?
Our lawyers in Hungary can provide valuable assistance throughout the divorce process.
Here are some ways in which our Hungarian lawyers can help:
- Legal advice and guidance: Our divorce lawyers have expertise in family law and can provide you with personalized legal advice based on your specific situation. They will explain the legal implications of divorce, discuss your rights and obligations, and guide you through the entire process;
- Representation in court: If your divorce case requires court proceedings, the lawyers at our law firm in Hungary can represent you in court. They will present your case, argue on your behalf, and advocate for your interests. Having a skilled lawyer by your side can help protect your rights and increase the likelihood of achieving a favorable outcome;
- Child custody and support: If children are involved, our divorce lawyers can assist in matters related to child custody, visitation schedules, and child support. They will help you understand the factors that the court considers when determining custody arrangements and guide you through the process of developing a parenting plan that is in the best interests of the child;
- Division of assets and debts: Divorce often entails the division of marital assets and debts. Our divorce lawyer can help ensure that all assets and liabilities are properly identified and valued. They will work to negotiate a fair settlement or, if necessary, represent you in court to argue for an equitable distribution of property.
It is important to choose a divorce lawyer who is experienced in family law and familiar with the specific procedures and regulations in Hungary. They will be your legal advocate, helping you navigate the complexities of the divorce process and striving to achieve the best possible outcome for you. Please consult with our Hungarian lawyers for any kind of assistance regarding divorce.
Divorce statistics in Hungary
Please find below the divorce rates in Hungary over the years:
- In 2010, 23,900 divorces were registered;
- Whereas, in the year 2021, registered divorces were 18,100.
Contact our lawyers in Hungary for further details about the procedures of divorce in the country.
Furthermore, if you are planning to apply for Hungarian citizenship, the services of our lawyers are at your disposal.