To enhance the protection of children’s rights in divorce cases, the Saeima on Thursday, 18 December, adopted in final reading amendments to the Civil Procedure Law and the Notariate Law.

Under the new provisions, agreements concluded before a notary on child custody, contact rights, and maintenance in cases of notarial divorce will be directly enforceable, without the need for court proceedings. Should one party later fail to honour the agreement, enforcement will be carried out through uncontested compulsory procedures.

Previously, failure to comply with such agreements could be remedied only through court proceedings.

The amendments stipulate that a notarial deed will henceforth be mandatory only in matters concerning child care. Issues related to the division of property may continue to be settled privately by the parties or before a notary, at their own discretion.

The changes address a long-standing issue whereby even formally valid agreements could not be enforced through uncontested means, often resulting in litigation and placing an unnecessary emotional burden on children, as noted by the authors of the amendments.

By removing the need to subject children to excessive procedural steps, such as psychological evaluations or parallel proceedings before multiple institutions, the amendments strengthen legal protection of children.

The uncontested procedure will be led by a sworn notary acting as a neutral party, assisting parents in reaching a clear, understandable, and legally sound agreement. If a dispute between the parties is identified, divorce under this procedure will not be permitted. The amendments not only streamline the process but also reinforce legal certainty and safeguard the best interests of the child.

The amendments will enter into force on 1 March next year.

Saeima Press Service