| Abstract [eng] |
Summary Spousal Agreement on the Consequences of Divorce by Mutual Consent Divorce by mutual consent of both spouses, is perhaps the most popular method of divorce, whereas leads to a minimum negative emotion not only for spouses, but also to third parties (eg, children). Divorce in this way, the spouses, along with the request for divorce, must submit the contract for the consequences of divorce. In this work in a rather complex way in the Lithuanian Civil and Family law, contract for the consequences of Divorce Institute is taken under consideration. The work can be relatively divided into two major parts. In the first part, mainly via the systematic, comparative and historical research method were clarified the consequences of their divorce agreement nature, its specific features and characteristics that do not identify them with the other civilian commercial transactions. In the second part, mainly via the systematic, comparative and case-law method, were analysed the consequences terms of a specific divorce contract and the possibility of changing them. The paper highlights the conditions of the contract on which the spouses are free to agree, which is governed by the laws of mandatory rules and at the same time, the freedom of contract is significantly restricted. By applying the comparative study method this Civil Institute was to compare with the similar Family Law Institutes applicable in the other countries. Analysing a certain specific terms of the contract, much attention was paid to the principles concerning Divorce and Maintenance Between Former Spouses enunciated in the Commission of European Family Law. Recommended rules in these principles were compared with the rules enshrined in law in Lithuanian Civil Code. Much attention was given to analysing the possibility of modifying certain terms of the contract, if one of the parties to fulfil the contract becomes more complicated. The case-law method was mainly used for analysis of chances to alter the contract, in order to highlight the Lithuanian Supreme Court's position on these issues. |
