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Prince Leka formalizes the divorce / Lawyer: Procedures according to the civil code in Albania
2024-01-16 16:12:36 / AKTUALITET
The royal couple Prince Leka and Elia Zaharia officially announced their divorce, after more than 7 years of marriage. The royal court confirmed that the couple would start divorce proceedings, as the marriage had now lost its function.
Faced with the fact of the dissolution of the marriage, although heir to the royal family, Prince Leka will follow the divorce procedures according to the Albanian legislation.
"This is a new event for Albania. But regardless of the situation of their protocol, they will turn to the legal instruments that function in the state of Albania, such as the court. Before they go to the court, if they agree with each other, they go to the notary with a deed of agreement expressing their will as to how they will share the property left after the marriage and the parental responsibility of the child. If they have chosen this way, it is simpler and the procedure takes less time. If they turn to the court each on their own account, then they will continue with the judicial procedures that start with the first session, which is the one of reconciliation, the judge is obliged to respect the family code."
At the start of the divorce, the couple will also agree on the division of property. Although it is a matter of properties belonging to the royal court, lawyer Bledar Meminaj explains what the law provides.
"The assets are those that are established during the marital regime, it does not include the assets that are inherited. The partner does not benefit from the inherited assets. All property, not only in royal cases, but also in simple cases, all property that was established before the marriage is personal property."
Prince Leka and Elia Zaharia are parents of a girl. The lawyer explains that the custody of Princess Geraldine according to the law belongs to the mother and the father has a financial obligation, but the couple can also reach an agreement.
"In 99% of cases, the mother takes custody when the child is a minor. Because of the connection that the child has when he is small with his mother. But the advice of psychologists is that the child should stay with the mother until the mother chooses who to stay with. But this is resolved by agreement if the parents agree that in a week one will keep it for three days and the other for four days."
Prince Leka and Elia Zaharia got married in 2016, in a ceremony that received attention. Four years later, their daughter was born, heir to the royal family, who was baptized with the name of her grandmother, Queen Geraldine.
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