| Abstract [eng] |
Fault as the grounds for divorce is analyzed in this Master’s paper. The paper is divided into three major sectiones. A thorough analysis of the concept of fault in family law is provided in the first part of this paper. The biggest attention in this section is paid to the interpretation of the definition of the spouse’s fault provided in the Civil Code of The Republic of Lithuania. The examination of the evidense in such cases and the objectives of the institute of fault divorce is also being analyzed in this section. Specific features of divorce on the fault grounds are analyzed in the second section in order to clarify the procedure of using spouse’s fault as the reason for divorce. It also includes the examination of conciliation procedure and some interim measures that can be taken in order to protect the other spouses interests and rights. A thorough analysis of the consequences of fault divorce is provided in the last section. Each type of the consequences is analyzed separately. The biggest attention is given to the effect of getting divorce based on fault grounds on marital property division, spousal maintenance, marriage contract as well as the influence of the fault of one spouse on moral rights and obligations and the possibility to compensate property and moral damages caused by other spuoses fault behavior. |
