From the point of view of rules of procedure, a marriage can be dissolved, i.e. divorce in Hungary can be carried out, in two ways:
- dissolution by common agreement (at the joint request of the spouses), and
- dissolution „based on facts”.
A marriage may be dissolved if the married life of the spouses has deteriorated completely and irremediably. Upon dissolution of a marriage, i.e. divorce in Hungary, the interests of the common minor child(ren) should be taken into consideration.
In actions for divorce in Hungary the acting court should make decisions – irrespective of whether it is divorce by common agreement or based on facts – on the following matters in its judgment:
- custody and support of the common child(ren),
- maintenance of relations between the parent and the child(ren),
- spousal maintenance,
- use of the common residence,
- division of movables.
After final closing of the action for divorce in Hungary conducted by common agreement, the court may be requested to change the agreement within two years of approval of the agreement if it serves the interests of the parties' minor child(ren) or if the agreement endangers the interests of one of the parties due to the change in circumstances.
A spouse shall bring the action for divorce in Hungary in person.
