5 What are the consequences of divorce/separation?

If the marriage is annulled, or dissolved, or if the parties have been separated, then either party may claim his/her contribution to the increase of the property of the other spouse. In particular, Section 14 of Law 232/91 provides that if the property of either spouse has increased during the duration of the marriage and the other spouse has contributed to such an increase, then the other spouse may file a matrimonial property petition before the Court and claim the part of the property which has been increased due to his/her contribution. Such contribution is rebuttably presumed to be one third of the increase, unless it is proven to be greater or smaller (see 2.2). It is accepted that contribution is not only of a monetary nature; a spouse taking care of the minor children of the family and the household of the spouses and providing moral support to his/her working spouse may well be considered to have contributed to the increase of the other spouse’s property.

If the spouses have acquired property from donations, inheritance, legacies or other ex- gratia sources, this is not taken into account when calculating whether there has been an increase in the property of the spouses.

5.2. Who is liable for existing debts after the divorce/separation?

See answer to 2.6.

5.3. Does one spouse have a claim to an equalisation payment?

No, but see answer to 5.1.