Dissolution of marriage by the mutual consent of the spouses

  • 2011-09-07
  • By Marius Matiukas, Associate lawyer

ECOVIS Miškinis, Kvainauskas ir partneriai advokatų kontora

Procedures of dissolution of marriage in Lithuania are defined by the Civil Code of the Republic of Lithuania. There are several grounds for the dissolution of a marriage. A marriage may be dissolved by the mutual consent of the spouses, on the application of one of the spouses, or through the fault of a spouse (spouses). Also, marriage is dissolved by the death of one of the spouses. Usually the most popular and the fastest (and probably cheapest) way to dissolve a marriage is divorce, by the mutual consent of the spouses. A marriage may be dissolved by the mutual consent of the spouses provided all the following conditions have been satisfied:

1) over a year has elapsed from the commencement of the marriage;
2) the spouses have made a contract in respect of the consequences of their divorce (property adjustment, maintenance payments for the children, etc.);
3) both spouses have full active legal capacity.

A mutual application of the spouses for divorce shall be presented to the court of the district where one of the spouses resides. The application must be accompanied by a contract as to the consequences of the divorce. The application must contain reasons why, in the opinion of the spouses, their marriage has broken down.

The court grants a judgement of divorce if it is satisfied that the marriage has broken down irretrievably. A marriage shall be considered to have broken down irretrievably if the spouses no longer live together and it is not likely they will live together again. An irretrievable breakdown of a marriage is presumed if the spouses have been separated from board and bed for over a year. While granting a divorce decree, the court shall approve the contract of the spouses as to the consequences of divorce providing for the maintenance payments for the children of minor age and each other, the residence of their minor children, their participation in the education of their children and their other property rights and duties.

(continued in next issue)