When does the court decide on material and moral damages?

Compensation in Family Courts is usually requested together with the divorce case. The court decides on these compensations when deciding on Divorce.The court will base its judgment on the criteria we have explained in the sections on material and moral damages. However, it should be noted that in divorce cases, the less faulty or faultless spouse has the right to financial compensation. If the faults are equal in divorce, material compensation cannot be demanded.

My spouse does not pay my material and moral compensation, what should I do?

If the spouse in fault does not act in accordance with the decision of the Family Court with respect of material or moral compensation, you can start execution proceedings by relying on the verdict of the judge regarding the compensation. Execution proceedings on the ground of a verdict of the judge take less time than other enforcement proceedings. It should be noted that the objections of the spouse in fault to the execution proceeding will not stop the execution, so that foreclosure proceedings can be continued with respect to the assets, salary or bank account of the spouse in fault.

Can you request material and moral compensation in an uncontested divorce?

As explained before the in case of uncontested divorces it is essential that the parties mutually agree on all main elements of the divorce. If a party requests material or moral compensation, the parties need to come to an agreement on the amount of the compensation and add this to their protocol. In this way, when the court will decide on a consensual divorce, the decision will also include the agreed compensation by the parties. However, if the parties cannot agree on material and moral compensation a contested divorce should be pursued.