Family Law in Latvia
Family law in Latvia is governed by the Civil Law, originally adopted on January 28, 1937, and reinstated on September 1, 1993. This legal framework addresses various aspects of familial relationships, including marriage, divorce, child custody, and parental rights.
Marriage in Latvia
Latvian law recognizes marriage exclusively as a union between a man and a woman. Alternative forms of partnerships, such as unregistered cohabitation or same-sex unions, do not receive legal recognition.
Divorce Procedures
Divorce in Latvia can be pursued through two primary avenues:
Mutual Agreement: If both spouses consent to the divorce and have settled matters concerning property division, child custody, and support, they may dissolve their marriage through a notary. This process typically concludes within a month.
Judicial Divorce: In instances where mutual agreement is absent, a court proceeding is necessary. Grounds for divorce include situations where spouses have lived separately for at least three years. The court may also mandate a reconciliation period of up to six months, especially in cases involving domestic violence or infidelity.
Child Custody and Parental Rights
Under Article 177 of the Civil Law, a child remains under parental custody until reaching adulthood, typically at 18 years. Both parents share equal rights and responsibilities in raising their children. In cases of disagreement, the Orphans' Court (Parish Court) intervenes to resolve disputes, always prioritizing the child's best interests. Notably, children aged seven and above have their opinions considered in custody decisions.
Father's Rights
Latvian law ensures that children maintain personal relationships and direct contact with both parents. Even if a child does not reside with one parent, that parent retains the right and duty to engage with the child. Additionally, non-custodial parents are entitled to receive information about their child's development, health, education, and living conditions.
Same-Sex Unions
As of now, Latvia does not legally recognize same-sex marriages or civil unions. Despite discussions and proposed legislation aimed at introducing civil partnerships, significant legal recognition for same-sex couples remains pending.
Legal Assistance
Navigating family law matters in Latvia can be complex. It is advisable for individuals to seek guidance from legal professionals specializing in family law to ensure their rights and interests are adequately protected.
Understanding the nuances of Latvia's family law is essential for effectively managing familial legal matters within the country.
RELATED Blog
0 comments