Marriage and Family Code Chapter 6: Termination of Marriage

Under Art. 34, a marriage can be terminated upon a joint application of both spouses or at the request of one spouse. Under Art. 35, the termination of a marriage is prohibited during the pregnancy of the wife and before the child has reached the age of three without the written consent of the other spouse, unless the other spouse does not live with the child, or there is a decision determining that another person is the father of the child. In accordance with Art. 39, upon receiving a claim for divorce, the court grants the couple a three-month period to take measures for reconciliation and to reach an agreement on division of property and childcare; after the expiration of the three-month period, the court grants the divorce if it finds that “the preservation of the family has become impossible.” However, when considering the claim for divorce, the court takes measures aimed at preserving the family and may grant an additional reconciliation period of up to six months. The court decides with which of the former spouses the child/children will live and the participation in the upbringing of the child of the other parent, as well as the amount of alimony that the other parent will pay in accordance with Art. 39.

Year 

1999

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