5 What are the consequences of divorce/separation?
5.1. How is the property (rights in rem) divided?
In the event of a divorce, the matrimonial property regime is terminated starting with the date when the application for divorce is filed, unless the spouses requested the court or the authority issuing the divorce decision to establish that the property regime was terminated on the date of the de facto separation (Art. 385 of the Civil Code). In this case, the common property is divided according to the spouses’ agreement or by the court, if no agreement is reached. The instrument of division can be a court decision or a document concluded in authentic notarial form (Art. 320 of the Civil Code). In the event of a statutory or conventional community of property, such community is divided as follows: each of the spouses takes his/her personal property, the common property is distributed between the spouses and debts are adjusted. The share to which each spouse is entitled is determined based on his/her contribution to the acquisition of common property and the fulfilment of common obligations (Art. 357 of the Civil Code). The work done by either spouse in the household and to raise the children is considered as a contribution to the marital expenses (Art. 326 of the Civil Code).
5.2. Who is liable for existing debts after the divorce/separation?
In the course of divorce, debts are adjusted as agreed by the spouses. Otherwise, debts are adjusted by the court.
5.3. Does one spouse have a claim to an equalisation payment?
If in the course of distribution of the common property the assets assigned to a spouse exceed the share to which he/she would have been entitled considering his/her contribution to the acquisition of these assets, the other spouse has the right to receive a balancing payment. Apart from this, the spouse who has no fault with regard to the divorce and who suffers a prejudice due to marriage termination may claim compensation from the other spouse. If the divorce causes a significant deterioration of the living conditions of the claimant spouse, the marriage lasted for at least 20 years, and the divorce was ordered for the exclusive fault of the defendant spouse, the claimant spouse is entitled to an even higher compensation (Art. 388 and 390 of the Civil Code).
