Case Law — MPrThes 4620/2020, EllDni 6/2020 According to the above decision, in the event of dissolution of a marriage by mutual consent—by means of a notarial deed, where there are minor children—apart from the written agreement for the dissolution of the marriage, a written agreement is also required concerning custody, contact (visitation), and maintenance of the minor children.
This agreement is ratified by the notary and is valid for at least two years. Notwithstanding the existence of such an agreement, either parent may apply to the competent court even before the expiry of the two-year period; the court will take the signed agreement into account, but is not bound by it.
The spouses’ agreement regarding the minor children has a fixed duration; therefore, if the duration is not specified for any reason, it is deemed to be valid for two years. Upon expiry of this agreement—either by operation of law after the lapse of two years or upon the lapse of a longer period specified therein—if no new agreement is concluded by the parents following the same notarial procedure or no court regulation is sought, the matters relating to custody, contact, and maintenance of the minor children remain unregulated.
In such a case, both parents exercise custody of the minor children jointly.