Divorce, Proceedings on Divorce and Their Expected Legislative Developments

Jurisprudence 2/2025 Section: Articles Page: 2-11

Keywords: divorce; proceedings; breakdown; marriage; circumstances; child; decision; interim; measure; parliamentary; print no. 728

Abstract: The article deals with the main changes proposed in the parliamentary print no. 728 and its amendments. The main attention is paid to the core of this parliamentary print, namely the so-called "divorce reform", i.e. in particular the issue of the introduction of agreed divorces and the changes related to this newly proposed institute (primarily the elimination of the investigation of the causes of the breakdown of marriage, the amendment regarding the possibility of divorce before a notary). In connection with the changes related to divorce, attention is also given to the fundamental reform of decision-making on the child's situation for the period after the divorce, especially with regard to the cancellation of particular types of child care and the issue of the child's representation by a guardian in proceedings regarding their affairs. Other proposed changes are also briefly presented. The text convincingly demonstrates the significant scope of the proposed changes in both the Civil Code and the Act on Special Judicial Proceedings, but also in other laws.

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