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Family Law of Montenegro (consolidated version).

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
This Law regulates the following matters: marriage and relationships in marriage, relationships between parents and children, adoption, placement in family (fostering), custody, support, property relationships in the family and actions of authorized bodies with regard to marriage and family relationships. Marriage is based on a free decision of a man and a woman to enter into marriage, on their equality, mutual respect and mutual assistance. Relationships between parents and children are based on their mutual rights and duties, especially that of parents to take care of their children’s rights and welfare protection and their responsibility to bring up, educate and train children for independent life, and that of children to take care of their parents and to respect them. Property relationships in the family are based on the principles of equality, reciprocity and solidarity, as well as on the protection of interests of children. A community for living of a man and a woman lasting longer is equaled with marital community with regard to the right to mutual support and other property-legal relationships.
If an agreement is not reached, the property of spouses shall be divided to equal parts. At the request of the spouse who proves that his/her contribution in gaining the joint property is obviously and significantly higher than the contribution of the other spouse, the court shall divide the joint property according to the contributions of each spouse. Settlement of joint property of spouses may be requested during the marriage and after cessation of a marriage. The right to request the settlement of joint property belongs to spouses, inheritors of a deceased spouse or a spouse who was pronounced dead, as well as a claimant of one of the spouses if he cannot cover his claims from the separate property of the spouse. Any discrimination of the child, their parents, adoptive parents, guardians, fosterers, family members or close persons, on the grounds of race, colour, nationality, social or ethnic background, affiliation to a minority, language, religion or belief, political or other views, sex, gender identity, sexual orientation, etc. shall be prohibited. Special measures introduced towards attaining full equality, protection and development of the child or a group of children in an underprivileged position shall not be regarded to constitute discrimination.
Entry into force notes
This Law shall come into effect on the eight day from the day on which it is published in the Official Gazette of the Republic of Montenegro and it shall be applied from September 1st 2007.
Notes
Family Law, published in the Official Gazette of the Socialist Republic of Montenegro No. 7/89, ceases to be valid on the day on which this Law comes into effect.
Repealed
No
Serial Imprint
Official Gazette of the Republic of Montenegro 001/07 of 09 January 2007.
Publication reference
Government of the Republic of Montenegro - Ministry of Justice.
Source language

English

Legislation Amendment
No