Divorce in Latvia
Although spouses may both agree to dissolve their marriage, divorce may cause significant difficulties in some countries where the procedure is lengthy, complicated and expensive. Where a couple has agreed on all issues such as common property division, child maintenance and custody, the process is likely to be time-consuming all the same. The case is that certain jurisdictions maintain strict requirements, e.g. the court may postpone a divorce matter to give couple time to reconcile or it may dismiss a divorce petition should it find that spouses live separately less than 2-3 years.
However, in cases where a couple has mutually agreed on marriage dissolution and all related issues, quick divorce is only a legal arrangement to finalise the actual break of relationship. If both spouses came to such a decision, there are no reasons to keep the legal status of such relationship in disorder. This long called for the need to simplify the divorce procedure in Latvia.
How to divorce in Latvia?
Being a member state of the European Union, Latvia is governed by Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, hereinafter - the Regulation. Hence, in the event of a joint application of spouses, jurisdiction in matters relating to divorce shall lie with the courts of the Member State in whose territory either of the spouses is habitually resident.
Therefore, if one of the spouses is residing on the territory of the Republic of Latvia, couple may finalise marriage dissolution in accordance with the laws of Latvia. Since recently Latvian national legislation prescribes simplified and swift procedure for marriage dissolution in the event of joint application of spouses. It is noteworthy that no distinction is being made in respect of the country of marriage or spouses' citizenship. The rules to determine the jurisdiction pursuant to said Regulation apply as well in cases where at least one of the spouses resides in Latvia, for example, on the basis of a residence permit.
Why is it easier, cheaper and faster to divorce in Latvia?
Latvian laws provide for an out-of-court marriage dissolution in the event of joint application. Spouses may apply to notary public if an understanding is reached between them regarding common property, child care, maintenance (alimony), etc. If spouses managed to agree on all core issues, marriage dissolution procedure won't take longer than month.
The marriage may as well be dissolved through authorised representatives, so spouses are not necessarily required to take care of the paperwork or be present at all notary meetings. Our experts will prepare and finalise all necessary documents and applications, commence marriage dissolution procedure, represent both parties at notary office and successfully finalise the divorce.
Legal help with family related issues
We may help you in matters of different complexity such as divorce at notary public or in more complicated matters where you require help to defend either your or your child's interests. Our services include:
- divorce at notary public;
- representation in courts;
- collection of maintenance payment/reconsideration of the amount of maintenance (alimony);
- determination of parent's access rights;
- determination of separate custody in respect of the child;
- common property division through court;
- return of children to Latvia from third countries in cases concerning wrongful removal of children in breach of custody rights.