Family Law

Once the protocol is ready it is usually finalised in a single hearing; depending on court schedules this takes from a few weeks to a few months.

As a general rule, assets acquired during the marriage are shared equally under the participation-in-acquired-property regime; personal assets (inheritance, pre-marital property) are excluded. If a matrimonial property agreement exists, it takes precedence.

The court always decides based on the best interests of the child; a parent's financial situation alone is not determinative — the child's age, schooling and existing social environment are also assessed.

Divorce cases are filed with the family court of the domicile of either spouse, or of the place where they last lived together for six months before the case.

Yes, upon a party's request, if a ground for divorce is proven, the court may order judicial separation for a set period instead of divorce.

Yes, where circumstances arise that adversely affect the child's best interests, a change of custody may be requested from the court.

The non-custodial parent's right to regular contact with the child is set as a schedule, based on the child's age, schooling and either the parties' agreement or the court's discretion.

Yes, once paternal or maternal filiation is established, a child born out of wedlock may claim maintenance from the parents just like a child born within marriage.

The other party — and in certain cases their family — may claim material and non-material damages from the party who breaks off the engagement without just cause or is at fault in its breakdown.

The non-owning spouse may apply to the land registry office, or file an action, to have an annotation registered preventing transfer of the family residence without their consent.

Before or during a matrimonial property division action, a precautionary measure may be requested to prevent the concealment of assets.

Leaving the home alone generally does not, by itself, extinguish ownership or custody rights, though it may be taken into account when assessing fault in the specific case.

In divorces with a foreign element, the applicable law is determined by private international law rules based on connecting factors such as the parties' common nationality or habitual residence.

Enforcement proceedings may be initiated for unpaid maintenance, and a debtor who wilfully fails to pay may additionally be subject to the coercive imprisonment procedure provided by law.

Provisions on maintenance and custody may later be updated through a court action if circumstances change, whereas finalised provisions on property division are generally binding.