To begin with, property means movable and immovable property acquired before marriage with a view to marriage or at any time after marriage by either of the spouses.
The issue of matrimonial property disputes is regulated by the Law on the Regulation of Matrimonial Property Relations (Law 232/91), which was passed in 1991.
However, in order for assets to be the subject of the dispute, what is taken into account is the increase in the assets of the spouse against whom the application is made, which took place during the marriage or with a view to the marriage. Any increase in assets which took place after the separation cannot be the subject of the property proceedings.
Exceptions to the increase in property and therefore in the increase in the property of the spouses is not counted that they acquired by gift, inheritance, legacy or other gratuitous cause.
The decision of the Court in relation to the share of increase to be attributed to the petitioning spouse is determined on the basis of the contribution to the increase. Where the petition is filed by a spouse who during the marriage was a homemaker who did not contribute financially to the increase, then there is a statutory presumption that she has contributed to the increase in her spouse’s property by 1/3 and will be awarded by the Court accordingly.
Asset Disclosure Order
Under the Regulation of Matrimonial Property Relations Act 1991 (Law 232/1991), if a spouse does not have full knowledge of the assets of the other spouse, then he or she may apply to the Court for an Order for the disclosure of the assets as they were at the time of separation (or at such other time as the Court may order). Failure to comply with the Order is a contempt of Court, punishable by imprisonment. It is also very important to note that there is a time limit of 3 years from the date of divorce for filing a property litigation petition.
