The main advantages of a fault-based divorce are the issue of alimony and unequal division of property.

If the court grants a divorce due to the fault of both parties, in order to obtain alimony, it is necessary to demonstrate the fact of being in need. If a divorce is granted solely due to the fault of the spouse, and as a result of the divorce the financial situation of the other spouse deteriorates significantly, the court may oblige the guilty spouse to pay alimony on his behalf. Alimony is payable if the spouse’s situation is worse than the spouse would be in if the marriage were still functioning.

An assessment of the entire conduct of the spouses during the marriage, in particular failure to fulfill obligations towards the family, may be considered an important reason to withdraw from the decision of equal shares. If during the trial it is proven that the spouse is guilty of failing to fulfill his obligations towards the family, that the spouses contributed to the creation of the joint property to varying degrees, and that the spouse responsible for the breakdown of the marriage behaved negatively, there is a chance that the division of property will be to the benefit of the person. who is not responsible for the breakdown of the marriage. However, it is not about the fault itself in the breakdown of the marriage, but what is important is the fault related to not contributing or contributing to the creation of the property to a lesser extent than the spouse’s capabilities.