End of Marriage in Lithuania

A marriage ends:

1. Due to objective circumstances, independent of the spouses’ will:
   a) in the event of the death of a spouse.
2. Due to subjective reasons — dissolution of marriage by will of the spouses:
   a) by mutual agreement;
   b) upon request of one spouse;
   c) due to the fault of one or both spouses.

Marriage termination due to the death of a spouse

A marriage ends when one spouse dies or is declared deceased by a court decision.
If a spouse is declared deceased, the marriage is considered terminated from the date the court decision becomes effective or from the date of death indicated in the judgment.

If the spouse declared deceased (in accordance with the laws of the Republic of Lithuania) is later found alive and the court decision is annulled, the marriage is considered reinstated, provided that the other spouse has not entered into a new marriage.

Divorce by mutual consent of the spouses

A marriage may be dissolved by mutual consent if all the following conditions are met:

1. More than one year has passed since the marriage was concluded;
2. The spouses have signed an agreement on the consequences of divorce, which must include:
   a) division of common property:
   1. 1. List of shared property;
      2. Basis of acquisition;
   2. Specific division terms (if deviating from equal shares, justification must be provided);
   3. Mutual maintenance/alimony — or a statement that such support is not needed (important in lithuania, as after divorce, claims for maintenance cannot be submitted later, even if circumstances change);
   4. Determination of the child’s residence and the other parent’s participation in upbringing and communication (preferably as detailed as possible);
   5. Child support arrangements — via regular payments, a lump sum, or specific property.If the divorce agreement contradicts public policy or seriously violates the rights or legitimate interests of minor children or one of the spouses, the Lithuanian court will not approve it and will suspend the divorce case until a new agreement is concluded.If within six months from suspension the spouses fail to meet court instructions, the application will be dismissed without consideration.
3. Both spouses must be fully legally capable.

A joint divorce application is submitted to the district court of the residence of either spouse.
The application must be accompanied by the agreement on the consequences of the divorce.
The application must state the reasons why, in the spouses’ opinion, their marriage has broken down.

Court Decision

The court shall issue a decision to dissolve the marriage if it is convinced that the marriage has in fact broken down. A marriage is considered broken down if the spouses no longer live together and there is no reasonable expectation of reconciliation. It is presumed that the marriage has broken down if the spouses have not maintained a joint household and have not lived as a married couple for over a year.

When the divorce is sought by mutual agreement, a reconciliation procedure is applied. The court is obliged to take steps to reconcile the spouses. At the request of one of the spouses or on its own initiative, the court may set a reconciliation period of no more than six months. In such a case, the divorce proceedings are suspended. The proceedings may be resumed after the period expires, upon request of either spouse. If neither spouse applies for divorce within one year from the beginning of the reconciliation period, the application for divorce will be dismissed.

Divorce at the request of one spouse

A marriage may be dissolved at the request of one spouse, filed with the district court of the applicant’s residence, if at least one of the following conditions is met:

1. The spouses have lived apart (separation) for more than one year;
2. One spouse has been declared legally incapable by a court after the marriage was concluded;
3. One spouse has been declared missing by a court;
4. One spouse is serving a prison sentence of more than one year for an unintentional crime.

In the Republic of Lithuania, in the interests of a legally incapable spouse, the application for divorce may also be submitted by their guardian, the prosecutor, or the guardianship and care institution.

The divorce application must indicate how the applicant intends to fulfill their obligations toward the other spouse and any minor children.

Divorce due to the fault of one or both spouses

In such cases, divorce acts as a sanction, leading to negative consequences for the spouse found at fault:

1. Prohibition on using the spouse’s surname;
2. Possibility to claim compensation for material and non-material damages. Material damages are limited to the divorce proceedings (limited liability), while non-material (moral) damages are not limited but assessed under general civil principles;
3. Loss of the right to benefit from prenuptial agreement terms that were in their favor;
4. Loss of entitlement to spousal support or alimony;
5. Gifts made during the marriage may be reclaimed from the at-fault spouse (excluding wedding rings unless otherwise provided in the prenuptial agreement). If the marriage is dissolved due to the fault of both spouses, each may claim the return of gifted real estate, provided that: no more than ten years have passed since the gift was made; and the property has not been transferred to third parties.

A spouse may request divorce if the marriage has broken down due to the other spouse’s fault. A spouse is considered at fault for the breakdown of marriage if they have fundamentally violated their marital duties. In the Republic of Lithuania, these duties include: moral obligations: loyalty, respect, care for the spouse’s emotional, psychological, and spiritual well-being; property-related obligations: mutual maintenance, joint property acquisition and management, and joint decision-making regarding its use.

It is presumed that the marriage broke down due to the fault of one spouse if they: have been convicted of an intentional crime; have committed adultery; have acted violently toward the spouse or family members; have abandoned the family and failed to care for it for over a year.

The spouse against whom the divorce is filed may contest their fault and present evidence that the marriage broke down due to the plaintiff’s actions. The court may, depending on the circumstances, conclude that both spouses were at fault.

The marriage is considered dissolved from the date on which the court’s divorce judgment becomes final and binding, in accordance with the laws.