Policy Document

Changes in the Civil Law 2010

Year

2010

Country

Latvia

Topic

Family & Children

Subtopic

Divorce

Main implications

Changes to the Civil Law in 2010 cover issues related to divorce. The divorce procedure at a notary is specified. If both spouses agree, divorce can be granted by a notary. Before the amendments of 2010, a marriage could only be dissolved in court.

These changes in the Civil Law significantly increased the number of divorces, which indicate that the changed legal provisions influence the termination of relationships. Also the procedure of the divorce in a court was clarified.

Benefits & Requirements

Coverage: Requirements for its application

A notary can grant a divorce if the spouses have lived separately for more than three years.

Coverage: Eligible groups or beneficiaries

Spouses who agreed to get divorced.

Criteria for coverage

There must be an agreement between the spouses to file for divorce. One of the prerequisites for a dissolution by notary is an agreement between the spouses on the guardianship of children born within the marriage and the division of joint property.

Does this law grant the right to unilateral divorce?

No

Remarriage waiting period after divorce is finalised

There are no restrictions in the Civil Law on the waiting period to get remarried after a divorce. At the same time, the Civil Law requires persons to submit documents for marriage at least one month in advance and this can be done only after divorce.

Alimony orders established by this document: eligible beneficiary

There are no specific alimony orders after divorce required by the Civil Law, but both women and men can ask for alimony in the court. A person can require resources from the former spouse to maintain the previous level of welfare only in cases regulated by law, proportionate to his/her financial standing.

Alimony orders established by this document: eligibility criteria

A person can require resources to maintain the previous level of welfare from the former spouse only in the cases regulated by law, in proportion to his/her financial standing. A former spouse can deny maintaining the previous level of welfare if (1) the former spouse remarries, (2) the period that has passed is as long as the marriage duration, (3) the former spouse, even if he/she has the education, skills, and health, avoids supporting him or herself for the purpose of revenge (and this is demonstrated), (4) the former spouse who is obliged to maintain previous level of welfare of the other former spouse no longer has sufficient means of subsistence or has become incapable of working, (5) the former spouse lived wastefully or immorally during marriage, etc.

Types of custody established by this document

Spouses after divorce exercise joint parental authority. The authority may be exercised by both or upon their agreement if the parents live separately. Even if one of the parents holds the parental authority, the other has visiting rights. In cases in which parents may endanger the physical, mental, or moral development of the children, the court may revoke the parental responsibility of one or both parents.

Visitation rights established by this document

In the case in which one parent holds the parental authority, the other has visiting rights upon their agreement, but in cases in which spouses cannot agree this can be brought to court.

Child support: age of emancipation for child support

Support should be provided until children reach 18 years of age.

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

The minimum amount of support for each child is: (1) 45 LS until he/she reaches the age of seven and (2) 54 LS from the age of seven to 18. There are no limits for the maximum amount.

Read the Law

Full Text Source in English

http://uploadingit.com/file/tgxsilzjypdtzmfd/Gr_Civillikums_Lat_Eng.zip

Original full text source in native language

Grozījumi Civillikumā. "Latvijas Vēstnesis", 183 (4375), 17.11.2010. http://likumi.lv/ta/id/221379-grozijumi-civillikuma

Full text web source in English

http://likumi.lv/doc.php

Original full text web source in native language

http://likumi.lv/doc.php

Comments & Clarifications

The law grants the right to unilateral divorce in court, or at notary if both spouses agree to divorce.

Secondary Literature & Sources

Secondary literature

Ģimenes tiesībās Civillikuma Ģimenes tiesību daļas modernizācijai (2008) Tieslietu ministrija: https://www.tm.gov.lv/lv/nozares-politika/petijumi.

Putniņa, A., et al. “Reģistrētas un nereģistrētas kopdzīves faktoru salīdzinoša analīze”. Latvijas Universitāte, Publiskās antropoloģijas centrs, Riga, 2015. Available at: http://www.antropologija.lu.lv/fileadmin/user_upload/lu_portal/projekti/antropologija/zinas/Petijums_kopdzive-2015.pdf.

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

Divorce - Latvia - https://e-justice.europa.eu/content_divorce-45-lv-en.do
Parental responsibility - Latvia. http://ec.europa.eu/civiljustice/parental_resp/parental_resp_lat_en.htm

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: "Changes in the Civil Law 2010" (Information provided by Ilze Mileiko). Available at: https://splash-db.eu [Date of access].