Divorce proceedings often last many months. As previously mentioned in the article “Divorce – where to start?” in this proceeding many issues relating to the spouses and minor children of the parties are resolved.
Securing claims in divorce proceeding is very important to counteract a suspension in recognized case and would create a temporary state – until the decree is final and binding.
Granting a security of claims may require any party or participant in the proceedings, if the claim and substantiate a legal interest in the pledge. Interest in the pledge exists when the lack of security will prevent or seriously hinder the performance of sunken on the ruling or otherwise prevent or seriously hamper the achievement of the proceedings. The request for security should comply with the requirements prescribed for pleading, and also include:
1) an indication of type of granting security in cases of pecuniary claim an indication of the amount of security;
2) circumstances justifying the request.
Among the most important claims that may be hedged we distinguish:
Securing maintenance (alimony) claims
Securing claims in divorce proceeding concerning maintenance requires providing the same facts to be proven in a “regular” maintenance judgment, and thus justified needs of the child, and the obliged person’s earning capacity.
In matters of alimony security may oblige the obliged to pay the entitled once or periodically specific sum of money. In these cases, the basis of security is only based on the probability of existence of the claim.
Securing family expenses claims
Both spouses are required, each according to their strength and their earning opportunities and wealth, to contribute to provide for the family, which was founded by their relationship. Atonement with this obligation may also consist, in whole or in part, to the personal efforts of raising children and working in the common household.
Securing this claim may substitute collateral maintenance claim, because it includes the whole family, and thus, for example, the other spouse.
Securing parental authority/ contact with the child
Securing claims in divorce proceeding concerning parental authority and contacts with the child will create a temporary state which regulates, among others, the place of residence of the child and the principles of personal contact of one parent with a child who does not perform daily care over it.
In matters concerning custody of minor children and contacts with the child the court rules on the security claim after the hearing, unless there is an urgent accident.
Granting the security by regulating relations for the duration of the procedure, modes of contact with the child, on reasonable care of a minor child so that the child will live with each parent in recurring periods – the court, at the request of the petitioner, may for the request of the other party threaten the obliged to pay a certain sum of money to the petitioner in the event of breach of the obligations set out in this provision.
If a specific provision provides otherwise or the court decides otherwise, granted security falls one month after the final ruling becomes final and binding. At the request of the obliged the court shall issue an order declaring the fall of security.
The decision of the court of first instance can be subject of appeal. The obliged may at any time file a request the repeal or amendment of a decision, which granted security in the case of elimination or change in the cause of granting the security.