Question of confidence in family law
Whether it is our first marriage or its more than X st all couples can split up for one reason or another, and the relationship can go into extremes, and the not waited enstrangement is just right in front of you. From enstangement to complete and total split up all -exes sooner or later start to act on behalf of themselfs.
In case any of the beforesaid things may accure you should turn to a right lawyer. Of course at this moment you are not ought to decide on a final decision of any kind, but insted you need to consulte a lawyer, what steps to take just for the sake of the situation, or just to avoid that later it would be too late to make any act. With a consultation in the right time with a lawyer, we can block out several years of quarellin. In the sitauation we are we can clearify with the help of a lawyer, what are the most usefull steps for us, so we can prepare for the future a bit.
Also to avoid unexpected situations, the accurate and honest exploration of facts is the best you can do when going to your lawyer, so she san work from full picture, not from fragments, and would assisst you with all aspects of your problem. You are the one, who will benefit from this honesty, because the held back infos can cause you bigger harm by serious legal consequences. Of course there are situations when you would prefer to listen to other possibilities, but in a long run it will better pay you off that you have sticked to the realities, and you haven’t outlined, fomulated impossible expectations.
You must be able to decide if you take up the gauntlet, or mutual consent is enough.
When is the right time to turn to a lawyer? When is it high time ?
For attorneys the litigational and drafting tasks are the main tasks. If you are before choosing a lawyer , you ought to consulatate the lawyer in person, so you got to know the person by itself, that what kind of person is she or he, because the merit of the client – lawyer relationship is unconditional trust. In case this trust is working, this chemistry is existing, than the common success is on its way, and the lawyer can also do a highly efficient work by representing you.
Place confidence in your picked lawyer, because normally the firs consultation fee is imput into the latter mandate. And of course according to the informations gained during the first consultation are also inevitable for the further steps of the mandate, and the continious cooperation.
In whole Europe and in the US there is a tried and tested approach of marriage contracts and widespread experiences has gathered,hat these contracts are to be used both before or after marriage, and by having a good draft of contract, can mean a safe solution for all aspects of the assets. Anybodies hard fought-for riches are not left to the other party just for nothing. With this piece of paper we can block out several quarrells. Probably this solution for a few person is unable to lend credence to marriage contracts, but in the right attorneys hands it is the best ever seen solution to curb out long debates. Social and economical status’s are with so many layers, and the company share system is so complex, that there is the essential need for the right tool to fight these complex issues with a practical way: marriage contracts with attorney’s countersigning.
The marriage is in presence of the marriage registerer, but divorce is in court in front of a judge.
Divorce may be granted on the grounds that the marriage has completely and irretrievably broken down. Evidence is taken by the court in this regard. The court may order the taking of necessary evidence of its own motion as well. The spouses’ final and common declaration of will (their mutual consent) for divorce made free of undue influence is indicative of the complete and irretrievable breakdown of their marriage. It can be established that the marriage has completely and irretrievably broken down particularly if the spouses no longer live together as a couple and – based on the process leading to the couple’s separation and the duration they have been living separately –their reunion is unlikely.
The common and final declaration of will of the spouses for divorce made free of undue influence is considered sufficient evidence for the breakdown of the marriage. Thus, in the event of such common declaration, there is no need for a detailed examination of the above‑mentioned reasons leading to separation.
The spouses’ decision may be considered final if they have come to an agreement in terms of exercising parental responsibility over their common children, maintaining contact between the absent parent and the child, maintenance allowance, use of the family home and – if requested – alimony for the spouse (their agreement must be approved by the court). If the spouses agree on exercising parental responsibility jointly, they do not have to agree on the terms of maintaining contact with the child. However, they do have to define the child’s place of residence. As a result, the scope of issues to be agreed by spouses obtaining divorce based on mutual consent depends on whether they choose to exercise joint parental responsibility or not.
It is important to note that, in contrast to previous legislation, an agreement between the spouses on the division of matrimonial property is no longer provided for by the Civil Code.
Parental custody is a complex legal concept in Hungarian law, comprised of the parent’s rights and obligations with respect to his/her minor child. Article 71 (2) of the Hungarian FLA identifies the following key elements of parental custody:
right and obligation with respect to caring for and raising the child;
right and obligation with respect to managing the child’s assets;
right and obligation with respect to the child’s legal representation; and furthermore
right and obligation with respect to appointing a guardian, and excluding any particular persons from the guardianship.
Parental custody means that it is the parent’s right and obligation to make decisions on, and proceed in, fundamental matters concerning the minor child. Nevertheless the parents must ensure that their child, having reached a certain degree of maturity can express his/her opinion before any decisions are made concerning him/her, and the parents must take the child’s opinion into account.
The parents’ agreement on the child(ren) ’s placement in court
Pursuant to the rules of Hungarian Code of Civil Procedure, in cases when the litigant parties partially or wholly settle their legal dispute in an agreement, their agreement is approved by a court order. The agreement approved by the court (after the court order on approval becomes definitive) has the same legal consequences as a court judgement having the force of res iudicata (e.g. substantive force, enforceablity). The court can only deny approval of the agreement if it conflicts with the law.
Accordingly, in order for an agreement made in court to become legally binding and enforceable by the state, it must meet two fundamental requirements. Firstly, the parties’ consent concerning the disputed issue on the one hand, and secondly, the court order on approval which obtains the force of res iudicata. The parties can only come to an agreement in court at the hearing; the agreement and the court order on approval are recorded at court in the court hearing minutes. In practice, if the agreement is approved by the court, the parties usually waive their right of appeal all at once at the hearing, therefore it becomes definitive immediately.
The above also applies to agreements where the litigant parties agree on the child(ren) ’s placement in court, with one important difference: when approving the agreement the court shall take into consideration the interests of the child. Accordingly the court may deny approval of the agreement on the placement of minor child(ren) on the grounds that it is clearly not in the interest of the child.
The parents’ agreement on the child(ren) ’s placement out-of-court
As mentioned above, the parents may also settle the issue of the child(ren) ’s placement not only in court proceedings but also in an out-of-court agreement. There are no formal requirements: it may be made verbally as well as in writing. At the parents’ request, the Guardianship Authority may record such agreement in minutes. The out-of-court agreement recorded in such minutes by the Guardianship Authority (as opposed to the agreement made in court and approved by a court order) is not enforceable; nevertheless, the minutes are considered as a public document and as such it may serve as important proof that an agreement was made between the parents.
Entitlement of a partner for use of a home
Further use of the common home used under the common legal title of the partners shall be decided by the court in accordance with the provisions governing the use of a home used under common legal title of spouses.
In its decision for the further use of the home used under the common legal title of the partners following the termination of their partnership, the court shall take due account of the right of a common child of minor age with the right of tenancy for adequate housing
On an exceptional and duly justified basis, the court may grant entitlement to a former partner for the exclusive use of a home owned exclusively by the other partner, or in which the other partner has beneficial rights, if that partner has parental authority over at least one of the common minor children with the right of tenancy and the housing for the minor child cannot be provided otherwise.
The court may order shared use of a home or exclusive right of tenancy for a fix term or on a condition.
Shared use of a home used under the former partner’s exclusive legal title may not be demanded by the other partner if he/she has a vacant home elsewhere, or a home that can be made vacant by means of a unilateral statement
There is also the possibilitiy for the rearrangement of the right of tenancy
The divorce petition first of all must contain the details generally required by law (Article 121 of the Code of Civil Procedure) for any type of petition filed with civil courts, namely:
the proceeding court;
the names, places of residence, and status in the lawsuit (“Respondent” and ”Petitioner” respectively) of the parties, and the name and place of residence of their representative(s) in the lawsuit if any;
the denomination of the right that the Petitioner wishes to enforce in his/her petition (e.g. divorce or marriage annulment) , and the facts complete with evidence serving as a basis for such right;
details from which the scope of authority and jurisdiction of the court can be established;
a petition (so-called divorce petition) for the ruling of the court.
In respect of matrimonial cases the law (Article 283 of the Code of Civil Procedure) requires further special information, namely:
details related to the marriage (date and place of marriage) ;
details related to any children of the marriage (name, birth data) ;
if the parties apply for divorce by mutual consent, a reference thereto; and
any data from which the entitlement for issuing a petition can be established (active legitimacy within the court proceedings; see Section 8).
The marriage certificate and the birth certificate(s) of any minor child(ren) of marriage of the parties must be enclosed to the divorce petition.
If the petition is for divorce, the duty on the dissolution suit must be paid along with the divorce petition (with a stamp duty) ; at present the amount payable is HUF 12,000 (app. € 38). The duty on marriage annulment is HUF 15,000 (app. € 57) , but this does not have to be paid in advance.