Legal regulation of marriage resolution in Lithuania
| Autor | Dalia Perkumiené |
| Cargo | Aleksandras Stulginskis University, Kaunas University of Applied Sciences |
| Páginas | 371-378 |
LEGAL REGULATION OF MARRIAGE DISSOLUTION IN LITHUANIA
Dalia Perkumienė
Aleksandras Stulginskis University, Kaunas University of App lied Sciences
Annotation. Under Article 3.49 of Lithuanian civil code there are two cases of dissolution of marriage.
Divorce or dissolution of marriage is the final termination of a marriage, cancelling the legal duties and
responsibilities of marriage and dissolving the bonds of matrimony between two persons.
The regulation of
marriage and divorce had been set in separated Acts for a long time. Since 15
th
of March 2014 these questions ar e
regulated in the new Hungarian Civil Code.
Recognition of a foreign divorce depends on the law of the state in
which such recognition is sought.
Key words: divorce, marriage, duties and responsibilities, recognition.
Introduction
In most countries, divorce requires the
sanction of a judge or other authority in a legal
process to complete a divorce. A divorce does
not declare a marriage null and void, as in an
annulment, but divorce cancels the marital
status of the parties restoring their state to
divorce, which is a single status, allowing each
to marry another person
1
.
Under Article 3.49 of Lithuanian civil code
there are two cases of dissolution of marriage:
1. A marriage is dissolved by the death of
one of the spouses or by termination by the
operation of law.
2. A marriage may be dissolved through a
court decision of divorce by the mutual
consent of the spouses, on the application of
one of the spouses or through the fault of a
spouse (spouses).
In the case of dissolution of
marriage by the death of one of the spouses a
marriage is dissolved:
1. By the death or a court judgement of
presumption of death of one of the spouses;
2. Where one of the spouses is
presumed dead, the marriage shall be
considered dissolved from the date on which
the court judgement becomes res judicata or
from date specified therein.
If the spouse, who has been
presumed to be dead by a court judgement,
turns up, the marriage may be renewed by the
presentation of a mutual application of the
1
In Roman law (D. 44.2.3) there is a text of Paulus that
says: „It is a divorce the one that is done with th e
intention of constituting perpetual separation . And this
way, anyone who does or says something in a moment of
ire, is not valid before that for the p erseverance of the
action it seems that was a resolution o f the animus of
continuing married -affectio maritalis-; and for this,
having the wife ordered the repudiation, if in a few
moments or days the woman return ed, it does not think
that there exist divorce”.
spouses, after the annulment of the court
judgement of presumption of death, to the
Registry Office that registered the dissolution
of marriage (Lithuanian Civil Code..., 2001).
A marriage may not be renewed if the other
spouse had remarried or there are impediments
under Articles 3.12 to 3.17 of civil code
2
.
The purpose of the work – to
disclose peculiarities of marriage dissolution
in Lithuania and Hungary.
Object of the work – dissolution of
marriage.
Methods of the work – analysis of
scientific literature, analysis of legislation,
statistical analysis of the data, specifying and
summarizing and logical abstraction.
Results
Divorce laws vary considerably around the
world. Philippine law, in general, does not
provide for divorce inside the Philippines. The
only exception is with respect to Muslims. In
certain circumstances Muslims are allowed to
divorce. For those not of the Muslim faith, the
law only allows annulment. Article 26 of the
Family Code of the Philippines does provide
that:
Where a marriage between a Filipino
citizen and a foreigner is validly celebrated
and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or
her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law (The
Family Code of the Philippines..., 1987).
The largely Catholic population of the
Republic of Ireland long has tended to be
stayed averse to divorce. Divorce was
prohibited by the 1937 Constitution. In 1986,
the electorate rejected the possibility of
allowing divorce in a referendum. Subsequent
to a 1995 referendum, the Fifteenth
Amendment repealed the prohibition of
divorce, despite Church opposition. The new
2
The requirements for valid marriage we discussed in the
previous chapters.
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