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Policy Document

Civil Procedure Law. Article 250.44

Year

2014

Country

Latvia

Topic

Family & Children

Subtopic

Marriage & Registered Partnerships

Keywords

Civil unions Cohabitation Family policy Registered partnerships Unmarried persons Violence

Main implications

Following the reform in 2014, the Civil Procedure Law now includes Article 250.44. This article states that an application for temporary protection against violence may also be submitted by persons who live or lived in the same household, persons who have or expect a child, and persons between whom there is or has been a close personal or intimate relationship regardless of whether they have ever been married or lived together without marriage. Therefore this law recognises cohabitation without registration as a family form de facto.

Benefits & Requirements

Coverage: Requirements for its application

No specific criteria for coverage.

Coverage: Eligible groups or beneficiaries

Persons who suffer from violence and live together without marriage registration.

Criteria for coverage

The Civil Procedure Law does not contain specific criteria (age or gender) for persons who can benefit from these changes.

Minimum age of marriage required established by this document

According to Latvian Civil Law, a person may marry if he or she has reached at least the age of 18, but the law also specifies some exceptions such as the need for permission from the parents or guardian if a 16-year-old marries a person of the age of maj

Does this document allow for registered partnership?

No

Minimum age required for registered partnerships established by this document:

There is no possibility to register partnerships in Latvia.

Does this document recognize cohabitation as a legal union?

Yes

Minimum age required for registered cohabitation established by this document

There is no possibility to register cohabitations in Latvia.

Does this document recognize same-sex unions?

There is no limitation on the persons’ sex in this document.

Read the Law

Full Text Source in English

Civil Procedure Law www.vvc.gov.lv

Original full text source in native language

Civilprocesa likums. "Latvijas Vēstnesis", 326/330 (1387/1391), 03.11.1998., "Ziņotājs", 23, 03.12.1998.

Full text web source in English

http://likumi.lv/doc.php
http://vvc.gov.lv/image/catalog/dokumenti/Civil%20Procedure%20Law.docx

Original full text web source in native language

http://likumi.lv/doc.php

Comments & Clarifications

This document gives cohabiting partners the same rights as with marriage.

Only part of the documents is translated into English.

Secondary Literature & Sources

Secondary literature

“Pētījums Ģimenes tiesībās Civillikuma Ģimenes tiesību daļas modernizācijai”. Ministry of Justic of the Republic of Latvia, 2008. Available at: https://www.tm.gov.lv/lv/nozares-politika/petijumi.
Putniņa, A., et al. “Reģistrētas un nereģistrētas kopdzīves

Links to databases and sources for the analysis or evaluation of this policy field

http://www.tiesibsargs.lv/files/content/Partnerattiecibu_konsultativa_padome/Partnerattiecibas_MK_atbilde_TS_16032012.pdf

Author

Ilze Mileiko
University of Latvia

Data collected in the framework of the Population Europe Research Finder and Archive (PERFAR)

Cite as

SPLASH-db.eu (2015): Policy: "Civil Procedure Law. Article 250.44" (Information provided by Ilze Mileiko). Available at: https://splash-db.eu [Date of access].