Policy Document

Act V of 2013 on Civil Code






Family & Children



Main implications

It is no longer a precondition of divorce by mutual consent that the parties agree upon the division of movable assets. A precondition of divorce by mutual consent is that the parents conclude an agreement covering the issues of minor children, use of dwellings, and – in case of a claim thereof – spousal maintenance. There is not yet information available on the effects of amendments on the effective practice of divorce.

Benefits & Requirements

Coverage: Eligible groups or beneficiaries

Hungarian citizens

Does this law grant the right to unilateral divorce?


Remarriage waiting period after divorce is finalised

There is no change

Alimony orders established by this document: eligible beneficiary

Any partner. However as a novelty, in addition to spouses, a former cohabitation partner is also entitled to claim maintenance, with the condition that the cohabitation exists for at least one year, and a child was born from this relationship.

Alimony orders established by this document: eligibility criteria

The former partner who is in need thereof without a fault on his or her part is entitled to claim it. A novelty is that in case if the marriage did not last one year, and no child was born in wedlock, the payment period of maintenance may be restricted to a period identical to that of effective cohabitation.

Types of custody established by this document

As a novelty, the law introduces the possibility of mutual alternating placement for children, if the parents agree thereupon and the conditions are fulfilled.

Visitation rights established by this document

The law reinforced the communication rights of the parent living separately: e.g. he or she can bring the child to summer vacation abroad, as well as the costs of communication (e.g. travel costs) may be divided between the two parents. Not only the biological father, but also the foster father can be entitled to visitation rights.

Child support: age of emancipation for child support

The child is entitled to it until the age of 25. But between the age of 18 and 25 only under a number of conditions: - the child pursues education continuously and successfully, - by fulfilling the obligation of maintenance, the own costs of living of the parent and his or her minor child shall not be jeopardized, - the adult child is worthy of maintenance (e.g. cooperates with the parent paying maintenance)

Child support: maximum percentage of parent's average net income

Hereafter the maintenance can be established exclusively as a definite amount, and in no case as a percentage of the income of the obligor. Up to the present, in case of minor children, the establishment in percentage was more characteristic. The amount may be modified annually according to the increase of the index of consumer prices published by the Hungarian Central Statistical Office, but it is only a possibility, and there is no obligation to stipulate it.

Read the Law

Full Text Source in English

Polgári Törvénykönyv-Bürgerliches Gesetzbuch-Civil Code ILS Nemzetközi Fordító Szolgálat Kft. Budapest 2013

Original full text source in native language

Magyar Közlöny 2013/31 (2013 február 26.)

Original full text web source in native language


Secondary Literature & Sources

Secondary literature

Frątczak, E.; Kulik, M.; Malinowski, M.; & Słotwińska-Rosłanowska, E. "Regulacje prawne w odniesieniu do zjawisk i procesów demograficznych. Wybrane akty prawne regulujące świadczenia na rzecz dzieci i rodziny – polityka społeczna Polska, wybrane lata 1945 – 2006". Sekcja Analiz Demograficznych. Komitet Nauk Demograficznych PAN, Zeszyt 17A, Warszawa (2007) [Legal regulations for demographic processes. Selected legal acts regulating social protection for family and children in Poland,1945-2006. The Section of Demographic Analyses. The Committee of Demographic Sciences, Issue 17A, Warsaw]


Balázs Kapitány
Hungarian Demographic Research Institute (HDRI)

Zsuzsanna Makay
Hungarian Demographic Research Institute (HDRI)

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

Cite as

SPLASH-db.eu (2014): Policy: "Act V of 2013 on Civil Code" (Information provided by Balázs Kapitány & Zsuzsanna Makay). Available at: https://splash-db.eu [Date of access].