Matrimonial cases:
- annulment of marriage,
- determination of the existence or non-existence of marriage,
- divorce,
- separation at the request of one of the spouses
Hearings are generally held in camera, unless the parties request a public hearing and the court grants such a request. The hearing takes place regardless of the non-appearance of the parties, however, if the plaintiff fails to appear at the first hearing without justification, the court suspends the proceedings, which can be resumed no earlier than three months at the plaintiff’s request, and if no request is made after three months, the court dismisses the proceedings. A coercive measure may be applied to a summoned party if their non-appearance is not justified.
Annulment and determination of the existence or non-existence of marriage – reasons:
- lack of required age, man 18 years, woman 16 years (without court permission)
- total incapacitation (with the exception of its repeal),
- mental illness and intellectual disability (with the exception of after its cessation),
- consanguinity in the direct line,
- entered into by the adopter and the adopted,
- by proxy, if the principal did not consent, the power of attorney was invalid or revoked,
- one of the spouses being in another marriage,
- making a declaration in a state precluding conscious expression of will,
The court decides which of the spouses entered into the marriage in bad faith, which has consequences in terms of property matters and in terms of their common children – such a spouse is treated as guilty of the breakdown of marital cohabitation in separation or divorce
Divorce and separation
The court rules on which of the spouses was at fault for the breakdown of the marriage (unless the spouses jointly declare their will without ruling on the fault of the parties). The finding of fault affects the ruling on the maintenance obligation. The court also rules on parental authority over the common minor child, their contact with parents, the amount of costs for their maintenance and upbringing, and the manner of using the common dwelling. Separation abolishes marital community, does not cause the termination of marriage, it is not necessary for the breakdown of cohabitation between spouses to be permanent. Divorce proceedings are conducted exclusively in a contentious procedure. Non-contentious separation proceedings are possible if the spouses do not have common children.
Family matters
- marriage, matrimonial property regimes, community and separation of property,
- alimony cases, establishment of alimony, reduction or increase of alimony, termination of alimony obligation,
- adoption cases, dissolution of adoption, guardianship and curatorship.
