Preparing for divorce
Important to think through
Divorce usually involves a number of changes and issues that need to be thought through and resolved:
- formalization of written agreements on the future living arrangements, communication arrangements and maintenance of joint children;
- division of common property created during marriage;
- in case of name change ordering new identity documents and informing the authorities;
- if necessary, registration of a new place of residence in the population register.
Regarding the listed topics, it is recommended to think them over for yourself first and then also agree with your (ex)spouse. This is even if it seems that everything is clear and you there is a common agreement.
Important to know concerning this step
Even if it seems that there is a consensus between the spouses regarding the living arrangement of the joint children, it is important to clearly discuss several things with each other.
The main topics could be the following:
- how to talk to the children about divorce, to support them and how to take their wishes into account when agreeing on living arrangements;
- understand that even if the relationship with the spouse is completely messed up, then one should not speak ill of the other parent in the hearing of the children or otherwise spoil the children's relationship with the other parent;
- in addition, which parent the children will live with or how this time will be divided , there are other living arrangement nuances that need to be agreed upon. For example, where does the child go to school and hobby clubs, how are decisions made regarding health care, etc.;
- how will custody of children be divided in the future - whether joint custody will be continued, where all important decisions are made jointly, or whether the right of one parent to decide on certain issues will be agreed upon;
- how will children's communication with both parents be organized;
- whether and how much is paid for the maintenance allowance of the children to another parent.
Agreements on these issues can be formalized with a notarial agreement. If there is a relationship of trust between the parents, notarization of the described agreements is not necessary. However, if the parents do not manage to reach an agreement, it is possible to get help from the national family mediation service or turn to the court.
It is important to remember that you are divorced from your spouse, and parental responsibilities towards joint children remain even after the divorce.
Read more about the subservice for ensuring children's well-being.
The property obligations of the spouses depend on the property relationship chosen at the time of marriage or the provisions of the marital property contract concluded.
Data on the property rights contained in the marital property contract and data on other property rights, including the chosen property relationship, have been entered to the marital property register. If there is no information about the spouses in the marital property register, it is assumed that the provisions on the proprietary relationship of jointness of property apply to the proprietary relations of spouses.
In general, the following should be considered when dividing property:
- how to divide common property in a relationship of joint property - this includes jointly acquired real estate as well as other assets that have arisen during the period of jointness of property, such as vehicles, money in a bank account, financial investments, participation in a company, etc. It does not matter which spouse paid for the property or how much each spouse financially contributed to the family budget;
- understand that property that has been obtained by inheritance or gift, it is the separate property of this spouse;
- consider that common property also includes a joint commitment, such as a loan.
Only the distribution of those assets that are entered in the state registers must be formalized by a notary (e.g. real estate, companies, etc.). Regarding other assets, it is also possible to divide the assets by oral or written agreement between the spouses.
Read more about the asset sharing sub-service.
In the event that the previous surname is taken back upon divorce, it is necessary to exchange identity documents. To request new documents, an application must be submitted to the Police and Border Guard Board. The application can be submitted both in self-service and at the service of the Police and Border Guard Board on site. There is a state fee for applying for the documents, and the state fee is higher when applying on site than when applying in self-service.
Read more about the subservice of exchanging documents.
References
Contacts
Contact the institution were you wish to carry out the divorce.