engleski

Financial Aspects of Divorce Proceeding – Case Law Findings

In 2015 Croatia reformed family law legislation. Among other family law issues, divorce proceedings were changed significantly. This reform was mostly marked with strengthening of procedural rights of a child and simplification of divorce proceedings in situation of mutual agreement of spouses about parental responsibility issues. Croatian legislator introduced different mechanisms to help parents to achieve that kind of agreement, taking into great consideration importance of respect of all procedural rights of a child. These changes reflect notably to the financial costs and the lent of divorce proceeding, thus creating a range of economic issues related to the new legal solutions. Paper will start with the analyses of divorce legal orders in Croatia with special regard to the new mandatory counselling proceeding. Economic issues of divorce proceedings with and without parental responsibility agreement will be discussed indicating financial dilemmas arising from it. Comparison of divorce proceeding case in accordance to Family act 2003 to divorce proceeding case in accordance to Family act 2015 will be conducted in order to bring conclusions about their financial differences. The authors will present the results of empirical research conducted before the municipal court in Osijek, regarding the economic changes that the new regulations undergo. Finally, authors will give their viewpoints about (dis)advantages of new Croatian approach of divorce and directions for further scientific researches in this thematic area.

divorce law ; spouses ; child ; financial analysis ; economic impacts

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