Consideration of petitionary matters

Petitionary matters

• are initiated by way of a petition,
• relate to a court approval for a transaction or
• relate to the entry of a matter in a public register.

Petitionary matters include divorce, matters relating to child custody and right of access, appointment of guardians, appointment of estate distributors, bankruptcies and the adjustment of debts of private individuals.

Petitionary matters are decided in chambers without a hearing being held, if no one is opposing the petition, or are decided in a hearing, if the parties disagree in the matter.

When the matter pertains to a dispute between the petitioner and the opposing party, the district court decides the matter in the same way as any civil dispute, that is, in most cases in a hearing. The district court collects a charge from the petitioner for the consideration of the matter.

Stages of proceedings

1. The petitioner sends or delivers the petition and annexes to the registry of the district court. The petition may also be delivered to the registry by someone else than the petitioner.
2. The district court conducts an initial examination of the petition and, if necessary, requests from the petitioner any additional information or documents that may be needed.
3. When the petitionary matter involves other parties, the district court requests a response or a statement from the parties concerned.

If the petitioner is the only party to the matter, the deciding official decides the matter at the registry on the basis of documents. This also applies to matters that involve other parties, if the parties so agree or if the case regardless of disagreement is clear.

If the petitionary matter is under dispute, the district court summons both the petitioner and the opposing party depending on the nature of the matter either to a preparatory hearing or a main hearing. The judge decides on the matter either directly after the hearing, delivering the decision to the parties orally, or sets a date for a written decision to be issued at the registry. In a petitionary matter under dispute, the party who loses the case may be ordered to compensate for the legal costs of the opposing party.

The decision of the district court is sent to the petitioner, or the petitioner may opt to come to the registry of the district court and fetch it in person.