According to Article 57 The family and child - care code when deciding divorce also determines whether and which spouse is to blame for the distribution of life. However, if the spouses make consistent statements that the court does not rule on the fault, that decision shall be abandoned. In this case, the consequences are as if none of the spouses were guilty.
The reasons for the dissolution of the marriage which may decide to accept the guilt of the spouse are:
„Betrayal violates moral norms and is a manifestation of gross disloyalty toward a spouse. A married man who commits treason is generally found guilty of the distribution of life" (judgment of the Supreme Court of 6 May 1997, reference no. CKN 86/97);
„A marriage that does not fulfill the obligations imposed by marriage... is dead from the very beginning and does not fulfill its social responsibilities.... The very refusal to start sex by one of the spouses may be considered as an important reason for the distribution of married life, and its motive would be relevant for the assessment of guilt in causing the distribution of this life." (The Supreme Court ruling of the day 2 May 1952, C 1096/51; Supreme Court ruling of 2 May 1959, reference no. CR 219/58);
„The husband's demeaning of his wife's personal dignity by denying her an equal standard of living until she worked professionally, and by harassing her when she took up her job, should be regarded as an important reason for the marriage of her husband's guilt" (judgment of the Supreme Court of 9 April 1953, reference no. II C 2911/52);
„It can therefore be concluded that the action of the spouse after consumption of alcohol will constitute an act of blame, although the alcohol disease itself does not have to be such a condition.’ (The Supreme Court ruling of the day 9 November 2001, reference no. I CKN 438/00);
„Changing Religion by one of the spouses may, under specific circumstances, be considered to be the faulty cause of the distribution of married life" (judgment of the Supreme Court of 25 August 2004, reference no. IV CK 609/03);
It is important that the court, when deciding the guilt of the spouses, cannot grade the blame. If one of the spouses contributed to the dissolution of the marriage even in one percent, the court should judge both spouses. The Supreme Court is of the opinion that, for the attribution of blame in the divorce judgment to spouses, it is not relevant to the fact that the spouses are guilty of ‘greater’ and ‘lesser’.
Therefore, in order to assign blame to the spouse in the dissolution of the marriage, it is necessary to present evidence in the course of the divorce proceedings, which will confirm it.
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