Latvia

Sources of Law

Provided for in Part “Family Law” of the Civil Law of Latvia

Jurisdiction

Domicile and Habitual Residence

Conflict of Law/Applicable Law to be Applied

Lex fori

Pre-Nuptial Agreements

Valid and enforceable, but may only deal with division of capital.

Divorce

Ground 1 Mutual consent, ground 2 irretrievable breakdown of marriage and de facto separation after 3 years separation.

Finances/Capital/Property

Community of property regime.

Pre-marital assets and inherited wealth are excluded.

According to Article 238 of the Civil Procedure Law divorce cannot be granted until the spouses have reached mutual agreement on the division of property.

Finances/Maintenance

Upon or after divorce, the former spouse may claim from the other spouse commensurately to the latter’s financial situation if the latter has by his/her actions contributed that the marriage fails the means necessary to maintain the previous level of welfare or to provide subsistence

Child Maintenance

The issue of maintenance for a child has to be determined together with the divorce proceedings. Nevertheless, divorce may not affect the obligation of both parents to support the child. The parents may, upon the divorce, mutually agree on maintenance for a child, but where the parents fail to reach an agreement, the dispute is settled by the court seized with the divorce proceedings.

Cohabitants

Civil Partnership/Gay Marriage