Dissolution of marriage by the mutual consent of the spouses

  • 2011-09-14
  • By Marius Matiukas, Associate lawyer

ECOVIS Miškinis, Kvainauskas ir partneriai advokatų kontora

(continued from previous issue)

The content of the contract shall be incorporated in the judgement of divorce. In case there is an essential change in the circumstances (illness of one of the former spouses, incapacity for work, etc.), the former spouses, or one of them, may petition the court to reconsider the terms and conditions of their contract as to the consequences of divorce. Where the contract, as to the consequences of divorce, is not consistent with the public order, or is an essential violation of the rights and lawful interests of the minor children of the spouses or of one of the spouses, the court shall not approve the contract and shall suspend the divorce proceedings until the spouses have made a new contract. If the spouses fail to comply with the directions of the court within six months of the suspension of the proceedings, the court shall not resume the consideration of the application for divorce.

Reconciliation of spouses

The court must take measures to encourage the reconciliation of the spouses. At the request of one of the spouses, or on its own initiative, the court may provide for an up to a six-month-long reconciliation period. At the end of the reconciliation period the divorce proceedings shall be resumed at the request of one of the parties. If neither of the spouses petitions for divorce within a year of the beginning of the reconciliation period, the court does not resume the divorce proceedings. Where the spouses have lived apart for over a year, or the reconciliation period is essentially contrary to the interests of one of the spouses or those of their children, or where both the spouses require a substantive consideration of their case, the court shall not set any reconciliation period.

As usual, the conditions of the divorce are agreed between the spouses with the help of a lawyer. Also, the best way to have a smooth and fast process is to let a lawyer prepare the divorce documents for the court.