02
Family Law
Family law governs the formation and dissolution of marriage and the legal relationships between spouses and children. Most disputes in this field carry both legal and personal consequences.
Uncontested and contested divorce
Where the spouses agree on every consequence of the divorce, an uncontested divorce is possible. A protocol covering custody, maintenance, division of property and compensation is prepared and submitted to the court.
Where agreement cannot be reached, a contested divorce action is brought, and the irretrievable breakdown of the marriage must be established by evidence.
Custody, maintenance and contact
Custody is determined by the best interests of the child. The court also orders arrangements for contact between the child and the parent who does not have custody.
Maintenance takes several forms — interim, child and spousal support. Where circumstances change, an increase, reduction or termination of maintenance may be sought.
Matrimonial property and protection orders
After divorce, the matrimonial property regime must be liquidated. This is a separate process from the divorce action and requires the marital assets to be identified.
Where there is violence or a risk of violence, protective and preventive measures may be sought under Law no. 6284. Such applications are considered urgently and independently of any divorce action.