Articles 73 to 107 of the Civil Code regulate annulment, separation and divorce. Each of poland telegram these three figures has some common effects, but they obviously have their own meaning:
Nullity of marriage : this refers to the invalidity of the marriage. During its celebration, one of the defects of nullity occurred (defects in the consent or capacity of the contracting parties).
Marital separation : the marital bond is maintained but cohabitation ceases.
Divorce : definitive break-up. It involves the dissolution of the marriage, both the marital cohabitation and the economic regime.
We are going to focus on the figure of divorce, specifically on contentious divorce.
Article 85 of the Civil Code states that a marriage is dissolved by divorce . Since the 2005 reform, it is no longer mandatory to separate beforehand in order to obtain a divorce, and it can be done without alleging any cause.
Divorce may be by mutual agreement or contentious. They will be by mutual agreement when the petition in which they are requested is presented by both spouses or by one of them, with the consent of the other, together with a proposal for a regulatory agreement, and they will be contentious when the petition is presented by only one of the spouses, without the consent of the other, the regulatory agreement will not be attached, but the plaintiff will present a " reasoned proposal " of the measures that must regulate the effects of the divorce.
The contentious divorce procedure is regulated in articles 769 and 770 of the Civil Procedure Law:
The petition for contentious divorce is filed in the Court of First Instance where the spouses' domicile is located. This petition must be accompanied by the following documents:
Marriage certificate.
Birth certificate of children.
Documents reflecting the plaintiff's financial situation
It is processed as a verbal trial.
After filing the claim, the defendant is given 20 working days to respond. If there are children, the case is forwarded to the Public Prosecutor's Office for a ruling.
Next, a date is set for the hearing , that is, the holding of the trial so that the parties can ratify their claims and carry out the relevant tests.
The judge issues a judgment decreeing the divorce and establishing the measures that will govern after the divorce.
In contentious divorces, the following can be claimed:
Alimony for the other spouse or for the children
Compensatory pension : it is awarded to one of the spouses to compensate for the loss of assets caused by the divorce.
Custody of minor children , custody can be requested in favor of one of the spouses and a visitation regime can be established for the other or shared custody.
Use of the home and family furnishings: the regulatory agreement will be responsible for assigning the family home to one of the spouses and the material assets of the marriage.
Dissolution of the economic regime, and liquidation if applicable
In the contentious procedure, as in the mutual agreement procedure, it is mandatory to hire a lawyer and a solicitor . The procedure usually takes between 8 and 18 months, depending on the complexity of the matter and the workload of the Courts.
Contentious divorce with children
When children are of legal age: guardianship and custody disappears when they turn 18. From that age on, parents are not responsible for their children's actions nor can they make decisions about them.
When the children are minors : if there is no agreement between the parents, it will be the judge who decides who will have custody, parental authority and other measures such as alimony, visitation rights, etc. Together with the divorce decree, the judge will approve the regulatory agreement and the parents will have to abide by the guidelines established.