An examination of the statistical data reveals that the number of marriages concluded has significantly decreased in recent years, accompanied by an increase in divorce cases. In a parallel way, there is a growing number of domestic partnerships.[1]

This study surveys the judicial practice of this field in the past two decades with the intention of attempting to describe and shed some light on the essence of domestic partnership in Hungary by way of discussing some of the most important cases and the relevant provisions of law. In view of the fact that preparation for the codification of the new Civil Code is now under way and new rules are expected to enter into force in 2 or 3 years, the changes anticipated in this area are also briefly addressed in the study. Since the Proposal intends to change the current legal provisions in three areas, special emphasis was laid on these, namely:

1. Under certain conditions, as defined by law, alimony may be awarded to a formal domestic partner.

2. Continued use of the place of residence earlier shared with the former domestic partner is possible also after the termination of the domestic partnership.

3. A former domestic partner may request that the property relations be settled after the termination of the domestic partnership. 

[1] Domestic partnerships were first surveyed in Hungary in the 1970 census: the number of such relationships, which was 62 thousand in 1970, doubled by 1990, and increased by nearly four and half times by 2001. As a result of these developments, 74% of the 2,869,000 families counted were based on a married couple. Ten years before this proportion was still 80%, while three decades ago it was as high as 88%. (Népszámlálás [Census], Vol. 2001, no. 19. “Family types, family forms”, KSH, p. 17).