The importance of international family law

It is crucial to know the importance of the international aspects of family law first. Almost all aspects of family law have some kind of international relevance: the conclusion and termination of the marriage (divorce), moving to a different country, raising the child in multiple states or adopting children from abroad all bear international importance. Such cases become even more complex when the spouses themselves are of different nationalities. More international marriages mean more international divorces, which may result in a lot of legal and technical difficulties.

International marriage

Marrying a spouse with a different nationality is an old and tried legal process, ever since the beginning of the 20th century. There are a number of international agreements which aim to settle the question of the applicable law for international marriages and family law cases. One of the most important documents is the so-called Brussels IIA regulation, which regulates the applicable law for marriage and parental guidance. The agreement regulating the applicable law for international divorces is the so-called Rome III regulation. It is important to note however that this document only covers the applicable law relevant for the given divorce proceedings, and does not include rules for other questions (like the validity of the marriage etc.)

Where can I file the divorce?

As a general rule, the law of the country of the spouses’ autonomy is to be applied for the divorce proceedings. According to this rule, the spouses who wish to divoce may choose either of the below options:

1. the law of the country where the common domicile of the spouses is located;

2. the law of the country where the spouses’ last common domicile was located, provided that at least one of the spouses still lives in that country;

3. the law of either of the spouses’ home country (nationality); or

4. in case none of the above is applicable, the spouses may choose the law of the court to which they filed the divorce papers (lex fori).

In order for the spouses to be able to choose the optimal law, the European Union has created an online, freely accessible informational network, with which the spouses may compare jurisdictions.

What happens if no jurisdiction is chosen?

In order to prevent one of the spouses from choosing the applicable law at their sole discretion, the regulation introduced rules that aim to provide the spouses with a neutral applicable law. Therefore, the applicable law for the divorce is to be decided as described below:

1. The law of the country where the spouses common domicile is located at the time of filing the divorce papers;

2. the law of the country where the spouses’ last common domicile was located in the last 1 year prior to filing the divorce papers, provided that at least one of the spouses still lives in that country;

3. the law of the spouses’ common nationality at the time of filing the divorce papers;

4. in case none of the above is applicable, the spouses may choose the law of the court to which they filed the divorce papers (lex fori).

Did you know?

A final divorce in either of the European Union’s member countries is recognized automatically by all other EU countries, with the only exception being Denmark. Denmark has opted out from the international divorce rules of the EU.

Refusal to apply the law chosen by the spouses

In the following cases the regulation allows for the refusal to apply the law chosen by the spouses: in case where application fo the law chosen by the spouses is obviously incompatible with the laws of the court’s country, or in the event that the court’s country does not consider the given marriage as valid (for example in cases where the court’s country does not recognize the marriage between same-sex couples).

How are international divorce procedures performed in Hungary?

According to Hungarian law, and especially act 28 of 2017 on international private law (the Codex), before proceeding with the divorce the Hungarian court must first investigate whether either of the above reasons for refusal may be applicable. Also, the court checks the spouses’ nationality, and if the spouses are of different nationalities, but at least one of the spouses is a Hungarian citizen, the court will automatically apply Hungarian law for the divorce procedure. As more and more Hungarian citizens are involved in international divorce procedures in Hungary, this rule is being used ever so often.

Should you have any questions regarding divorce proceedings in Hungary, or should you require legal help in family cases, feel free to contact us!

As of 1 March 2026, a significant amendment has entered into force in Hungarian real estate law affecting condominium developments: the legislator has introduced a new legal institution, the Condominium Right of Improvement (társasházi építményi jog).

The new regime was enacted, inter alia, through amendments to Act CXXXIII of 2003 on Condominiums and Act C of 2021 on the Real Estate Registry. Its purpose is to provide a more structured and secure legal framework for purchasers in condominium projects under construction.

In this article we summarise the practical implications of the Condominium Right of Improvement for developers, purchasers and financing institutions.

Decree 2/2026 (II. 19.) KTM amends two existing legislative instruments: on the one hand, it clarifies the rules governing the allocation of topographical lot numbers (place numbers) to independent real properties; on the other hand, it introduces detailed amendments to the provisions concerning the fees payable for specified land registry proceedings, as well as for the provision of data from the land registry and from state basic data registers.

On 19 February 2026, Government Decree 28/2026 (II. 19.) was promulgated, introducing an important amendment to the implementing regulation of the electricity (Government Decree 273/2007 (X. 19.) – hereinafter: “Implementing Decree”). The purpose of the amendment is to ensure that inverter replacements carried out in connection with the Home Energy Storage Programme („Otthoni Energiatároló Program”), launched in 2025 and announced for 2026, do not result in unfavourable settlement consequences for operators of household-sized small power plants.

The Home Energy Storage Programme is a state aid scheme designed to promote the installation of battery energy storage systems connected to residential photovoltaic systems. Within the framework of the programme, households may apply for non-repayable grants, subject to specified conditions, for the establishment of energy storage systems.

In this article, we present the essence and practical relevance of the legislative amendment, as well as the legal framework within which inverter replacements and settlement-related issues must be assessed.

Government Decree No. 415/2025 (XII. 23.) on the amendment of consumer protection–related government decrees with a view to ensuring a higher level of consumer protection introduces substantial changes in the field of consumer protection as of 2026.

In this article, we briefly summarise those amendments which will be perceptible to consumers in everyday life and may be of particular practical importance from 2026 onwards.

Government Decree No. 415/2025 (XII. 23.) amends a total of six government decrees related to consumer protection.
The objectives of the amendments are, on the one hand, to strengthen consumer protection and, on the other hand, to reduce the administrative burden on businesses, while also ensuring compliance with EU law and legal harmonisation.

Government Decree No. 448/2025 (XII. 29.) amends Government Decree No. 327/2015 (XI. 10.) on the detailed rules of professional practice related to surveying and cartographic activities for non-cadastral purposes by introducing a new concept and new rules. These amendments will enter into force on 14 January 2026.

The most significant change is the introduction of the concept of the planning base map, the preparation of which now mandatorily requires the setting out of the property boundary.

In practice, the new regulation aims to ensure more uniform, more accurate and, from the perspective of the planning process, more reliable base maps, which may help prevent future conflicts and legal disputes. At the same time, the additional requirements are likely to slow down procedures and increase costs, and stakeholders should be prepared for this impact.