NULLITY OF MARRIAGE

(CC 3.37 3.48 articles)

Peculiarities: A marriage may be annulled only by the court.

A marriage that the court declares to be null and void shall be void ab initio
Persons entitled to petition for a decree of nullity of marriage (depending on the grounds of nullity of marriage) Grounds on which a marriage is null and void Statute of limitation Legal consequences of nullity (depending on good faith of spouses)

Grounds on which a marriage is null and void

grounds of violation of the requirements for the formation of marriage (CC 3.12- 3.17 articles) a fictitious (sham) marriage (CC 3.39 article) ground referred to in paragraph 3 article 3.21 (partys illness -a venereal disease or AIDS) the lack of free will (CC 3.40 article) essential mistake (presumptions the health condition or the sexual abnormality of a party, the grave crime committed by the other party)

Approval of Separation
(CC 3.73-3.80 articles)
Spouses life together has become intolerable (impossible)
the spouses are no longer interested in living together

when can seriously prejudice the interests of their minor children

Article 3.74. Counter-applications

Separation Divorce

Divorce
Separation

Separation
DIVORCE ON THE BASIS OF THE FAULT OF BOTH OF THE SPOUSES The Court DIVORCE ON THE BASIS OF THE FAULT OF ONE OF THE SPOUSES

DISSOLUTION OF MARRIAGE

the death of one of the spouses by the mutual consent of the spouses, on the application of one of the spouses or through the fault of a spouse (spouses)

Peculiarities of Divorce in CC (2001)

Divorce should be granted only by court The moment of the dissolution of marriage (3.66 art.) Three types of divorce Criteria of the Fault (presumptions) 3.60 art. A contract in respect of the consequences of the divorce

Types of divorce

by the mutual consent of the spouses (CC 3.51 art.) on the application of one of the spouses (CC 3.55 art.) divorce on the basis of the fault of the one or both of spouses (CC 3.60 -3.61 art.) the fault

Conditions for divorce by mutual consent of the spouses (CC 3.51 art.) 1. There is no issue for divorce as well as for its legal consequences. 2. All the following conditions have been satisfied:
both the spouses have full active legal capacity the spouses have made a contract in respect of the consequences of their divorce (property adjustment, maintenance payments for the children, etc.)

over a year has elapsed from the commencement of the marriage

The contract of the legal consequences of the divorce (3.53 art. 3 part)

the maintenance payments for the children of minor age; the residence of their minor children; their participation in the education of their children; the maintenance payments for the each other (former spouses); property division; question of the surname; other property rights and duties (civil liability of spouses for obligations)

DIVORCE ON THE APPLICATION OF ONE OF THE SPOUSES (CC 3.55 art.)

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 nonpremeditated crime.

A marriage may be dissolved on the application of one of the spouses if at least one of the following conditions are satisfied :

DIVORCE ON THE BASIS OF THE FAULT OF ONE OR BOTH OF THE SPOUSES (CC 3.60 art.)

The fault of a spouse for the breakdown of the marriage shall be established if he or she has seriously breached the duties hereof, which is the reason why their matrimonial life has become impossible.

Presumptions (CC 3.60 art. 3 part)

has committed adultery has been convicted of a pre-meditated crime has deserted the family and has not been caring for it for over a year is violent toward the other spouse or the other members of the family

Both spouses at fault

The respondent in a divorce suit may argue against his or her fault and adduce facts to prove that the other spouse is at fault for the breakdown of the marriage. The court having regard to the circumstances of the case may declare that both parties are at fault for the breakdown of the marriage

LEGAL EFFECTS OF DIVORCE

Where a divorce is granted on the basis of the fault of one of the spouses the other spouse may demand from the spouse responsible for the breakdown of the marriage :

damages related to the divorce (stamp duty; legal consultations (legal aid), etc.; compensation for non-pecuniary damage done by the divorce (persons suffering, emotional experiences, inconveniences, mental shock, emotional depression, humiliation, deterioration of reputation, diminution of possibilities to associate with others, etc.); return the gifts received from him or her except for the wedding ring unless the marriage contract provides otherwise; retain his or her married surname or the surname he or she had before the marriage.

Mutual maintenance of the former spouses maybe regulated:

By marriage contract (CC 3.104 art. 4p.);

in the agreement of the spouses concerning the consequences of divorce (CC 3.53 art. 3p.); If there is an issue - by a decision of the Court (CC 3.72 art.)

Mutual maintenance of the former spouses (CC 3.72 art.)

A spouse shall have no right to maintenance if his or her assets or income are sufficient to fully support him or her. Maintenance shall be presumed to be necessary: a) if he or she is bringing up a minor child of the marriage; b) or is incapacitated for employment because of his or her age or state of health.