Effects of divorce
The effects of the divorce decree are as follows:
The right to make a new marriage
Once the divorce has been pronounced, a new marriage can be entered into.
Property separation
Property separation between spouses arises. From the moment of divorce, each spouse earns only his personal property. The property of the joint spouses from the period before the divorce may be divided (by contract or court).
Exclusion from inheritance
Spouses do not inherit each other (unless on the basis of a will).
No presumption of the child’s origin
There is no legal presumption that a child comes from a marriage if it was born 300 days after the divorce was pronounced.
Alimony between spouses
In cases determined by law between spouses after divorce, there is an obligation to pay alimony (unlimited in time). Firstly, a divorced person who has not been found guilty of the breakdown of the marriage and who is in need, may demand from his or her former spouse the means of subsistence corresponding to his or her justified needs and the financial capacity of the obligor.
Secondly, if one spouse has been found solely guilty of the breakdown, and the divorce results in a significant deterioration of the innocent spouse’s situation, the court, upon request of the innocent spouse, can decide that the guilty spouse should contribute to satisfying the innocent spouse’s justified needs (i.e. paying alimony), even if the innocent spouse is not in need.
Maintenance for children
The court decides in what amount each spouse is obliged to bear the costs of maintaining and raising a child. In practice, this means that one of the spouses is required to pay maintenance to the other spouse with whom the children live.
Parental authority
The court decides on parental authority over the joint minor child of both spouses. It may delegate the exercise of power to one of the parents, limiting the second parent’s power to certain duties and rights in relation to the child’s person. The court takes into account the written agreement of the spouses on the manner of exercising parental authority and maintaining contact with the child after the divorce, if it is in accordance with the best interests of the child.
Contacts
The court determines with whom the child is to live after the divorce and, in the absence of an agreement between the parents, establishes contacts with the child of the other parent. With the consent of both parents, the court may institute alternate care or not make any decisions about contacts.
Shared apartment of the spouses
If the spouses share a flat, the court in the divorce decree also decides on the manner of using the flat for the duration of the spouses’ cohabitation after divorce. In exceptional cases, when one of the spouses condemns abnormal actions in court, the court may order his eviction at the request of the other spouse.
Division of assets
At the request of one of the spouses, the court may divide the joint property in a divorce decree, if such division does not cause undue delay in the proceedings.
Differences between the effects of divorce and separation
The main difference between divorce and separation is that after the divorce, you can marry again; after separation, you cannot. Separation, on the other hand, can be abolished, restoring the “old” marriage. After the divorce, you can return to your previous name; after separation, you cannot. The period of payment of alimony to the other spouse after divorce is limited in certain cases to 5 years; there is no such limitation for separation. After separation, the spouses are always obliged to assist each other if the reasons of equity so require; this obligation does not exist after divorce.