Hungary
An international divorce is very different from other divorces.
Consideration must be given to the court’s jurisdiction, applicable law, recognition of the foreign marriage and enforcement of the court’s order.
When a parenting plan has to be made, it is more complicated when the parents do not live in the same country.
On this page you can read how this is regulated in Hungary.
Country Reporter:
Anita Vimlati
Anita has a broad experience with family law, including cross- border family disputes, both as a lawer and as a mediator.
Anita has her own law firm in Budapest. She is a member of the International Academy of Family Lawyers (IAFL).
Anita has volunteered to keep this page about Hungary up to date.
Lawyers and mediators in Hungary
We provide a list of lawyers and mediators in Hungary, who can assist you with your international divorce.
International divorces: Hungary
When it comes to the dissolution of an international marriage, consideration must be given to the jurisdiction of the court, the applicable law, the recognition of the foreign marriage and the enforceability of the court order.
While the choice of jurisdiction is typically not within the control of the parties (as it is determined by the principles of private international law) they may have the option to select the applicable law.
In accordance with the principles of private international law, the Hungarian perspective is that the typical connecting factors for jurisdiction and applicable law are nationality and “habitual residence”.
The concept of habitual residence is defined in European Union case law as the country where a person has his or her centre of life and interests. This will always be an issue on the facts and ultimately the judge will have to consider the person’s intention and actual presence.
If the spouses are from different countries, the jurisdiction of the Hungarian court can be established if the couple has a significant connection with Hungary, e.g. if the couple has their habitual residence in Hungary; if they have lived in Hungary and although one spouse has already relocated, but the other one has stayed; if the respondent lives in the country; or if the applicant has lived in Hungary for more than one year.
Divorce procedure: Hungary
Marriages and de facto relationships
Registered partnerships for same-sex couples have the same property effects as marriage. Despite the differences in parental rights, they can be considered a legal institution close to marriage.
By contrast, a cohabiting partnership is essentially a legal relationship of a contractual nature, although it is also subject to certain family law effects. For example, the property rights of de facto couples are acknowledged, and the Civil Code outlines a property regime for cohabiting couples that differs from that of married couples.
Religious marriages are not recognised by the state, unless the spouses register their marriage as a civil marriage in addition to their religious marriage.
Starting the divorce procedure
According to Hungarian law, an application for the dissolution of the marriage can be filed immediately following the breakdown of the relationship, without the requirement for the parties to live separately for a specified period of time.
Furthermore, the grounds for divorce are not based on fault, but rather on an objective basis, with the court examining whether the marriage has been permanently and irretrievably broken.
A divorce cannot be granted by a notary, only by a court.
The division of matrimonial property is not part of the divorce proceedings – the court can deal with property matters in separate proceedings after the divorce has become final.
The length of the divorce proceeding depends mainly on whether the separating couple can reach an agreement or they request a court order. In the absence of an agreement it is necessary to establish the facts, hear witnesses and appoint an expert – which means that the proceedings will take longer.
Interim decisions- Mediation / alternative dispute resolution
In the event of an emergency situation arising in a family law case that significantly affects the interests of one of the parties, or in particular the child, the court may order interim measures to be put in place. This may occur at the client’s request or at the court’s own initiative. The instrument is employed by the courts only in exceptional circumstances.
Mediation is available and strongly encouraged at all stages of the proceedings. The court may also mandate mediation if it determines that the parties’ positions could be reconciled. In contact cases and maintenance disputes, mandatory mediation is typically ordered at an early stage of the court proceeding, resulting in a temporary suspension of litigation.
An agreement reached through mediation can be submitted to the court for resolution and will have the same legal standing as a court decision.
Filling evidence- Duration -Court hearing
The hearing date is typically set two to three months after the claim is filed. In order to allow sufficient time for preparation, the claim must be served to the other party at least 30 days before the hearing. All parties and their respective legal counsel are required to attend the hearing in person. However, following a recent change in the law, it is now possible, in exceptional circumstances, to apply for a hearing to be held over an electronic communications network. This may be granted only if there is a compelling reason why the party (or witness or other person involved in the proceedings) is unable to attend in person. The parties will always be heard and may submit written and oral evidence, such as documents or witnesses. The average time frame for an uncontested divorce is six months, while a contested divorce may take up to one to three years.
Uncontested divorce: Hungary
Procedure / How to file/ prepare
In order to obtain an uncontested divorce, the following must be agreed upon by the divorcing couple: the start and end dates of the relationship, parental responsibility, contact, child support, usage of the family home, spousal maintenance.
If the parties have agreed upon all the above mentioned issues and presented their signed agreement to the court, the divorce can be granted at the first hearing, or, if there are minor children, at the second hearing. The court will examine the parties’ agreement and, if it is satisfied that it is in accordance with the law and in the best interests of the minor child(ren), will issue an order approving it.
It is in the best interests of the couple to settle the property claims too, by agreement. As mentioned above, without an agreement, they will have to wait until the divorce decree is final before an action can be brought for property division.
Treaties and regulations: Hungary
As a member state of the European Union, Hungary is bound by the series of private international law instruments that the EU has adopted over the past two decades with the objective of addressing the challenges that arise from the cross-border movement of families.
These instruments – together often referred to as the European private international family law – form a legal framework that is activated once a mixed family or a family living in another country than that of their nationality considers breaking up:
Council Regulation (EU) 2019/1111 (“Brussels II ter”) defining jurisdiction in matrimonial and parental responsibility matters;
Regulation (EU) n°1259/2010 (“Rome III”) setting out the rules for the choice of law applicable to divorce
Regulation (EC) 4/2009 on maintenance issues (“Maintenance Regulation”) and 2007 Hague Protocol on the Law Applicable to Maintenance Obligations
However, Hungary does not apply the Council Regulation 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.
Hungary is a Contracting State to the 1996 Hague Convention on Parental Responsibility and Protection of Children as well as the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance of 23 November 2007 and the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.
Court decisions: Hungary
In a divorce case the marriage is dissolved, and the court decides on parental responsibility, child support, contact and spousal maintenance as ancillary issues.
There are no property claims in the divorce. The division of matrimonial property is not part of the divorce proceedings – the court can deal with matrimonial property matters in separate proceedings after the divorce has become final.
Matrimonial property issues
We have a default property regime for married couples: it’s a community property system, which basically means that everything acquired during the marriage, whether jointly or separately, will become the joint property of the spouses. But anything a spouse owns before getting married, or anything the spouse inherits or receives as a gift is his or her separate property.
Separate property is ringfenced, and never becomes matrimonialised. Any wealth built up before the couple met will never become part of the matrimonial property, no matter how it has been treated during the marriage.
Spouses can choose to opt out of this default property system by entering into a prenuptial agreement. If there’s no prenuptial agreement, joint property must be split 50/50 and needs are not necessarily taken into account here.
The joint matrimonial property to be divided on divorce is that which the couple has at the time of the separation. Therefore, the date of separation may be a relevant factor. The value of assets should be determined as at the date of separation, with one exception: immovable property shall be entered in the property balance sheet at its value at the date of division.
Pre-nups are binding in Hungary – on both the parties and the court – when it comes to dividing the property. It’s rare that the validity of a pre-nup is challenged.
The pre-nup allows couples to opt out of the default matrimonial property system. They can choose a property separation system, a marital property acquisition regime, or they are free to introduce a mixed system.
EU Regulation on Matrimonial Property Regimes does not apply. The Act on Private International law provides for the jurisdiction and applicable law, with the spouses common nationality and habitual residence being the main connecting factors.
Alimony after divorce
Spousal maintenance may be granted to a spouse who is in need of maintenance through no fault of their own, for health reasons or because of personal circumstances (e.g. inability to work due to caring for a newborn child), provided that the other spouse is able to pay maintenance.
Children : Hungary
In general, parental responsibility is exercised jointly even if the parents are already living separately, unless otherwise agreed or ordered by the court.
Separated parents may opt for joint custody in order to maintain a collaborative approach to decision-making regarding their children. However, it is essential that they reach an agreement regarding the primary carer. The parties are free to agree on contact arrangements. As an illustration, the children will reside with the separated parent every two weeks at weekends (or even on weekdays) and half of the holidays.
One particular form of shared parental responsibility is known as alternating care (or ‘equal shared parental responsibility’). This involves parents not only maintaining joint custody but also explicitly agreeing to care for their children for the same amount of time. It is crucial that both parents demonstrate high levels of cooperation in order to ensure that the children lead balanced lives within this system.
The parties may agree to a joint arrangement regarding shared parental responsibility. In the event that one parent objects to this arrangement but the other parent requests it, the court will consider whether this is in the best interests of the children. The court will only order alternate care if it is satisfied that this is in the best interests of the children.
In the event that the parents are in agreement, the court may conclude the proceedings with two hearings. However, should there be a dispute regarding parental custody, the court is obliged to conduct evidentiary hearings in order to ascertain the best means of ensuring the children’s physical, mental and moral development. This may involve hearing witnesses, obtaining an assessment of the environment and appointing a psychological expert to assess the parent’s parenting skills, the relationship with the child and the child’s attachment to the parent. In the procedure, the child, who has the capacity to judge, will be heard and given the opportunity to express their views. The procedure may be delayed by the taking of evidence, but parents may reach an agreement at any stage.
Legal aid: Hungary
Each parent can apply for legal aid, if the required financial standards are met.
Blogs about Hungary
Pre-nuptial agreements in Greece: And yet it happens (?)!
In Greece there are several ways to make pre-nuptial agreements between spouses before or during the marriage. Foreign pre-nuptials can also be of importance in divorce proceedings in the Greek court. Family lawyer Elias Yiannatsis explains.
Case law in Hungary
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