Divorce in Slovakia - Legal Assistance in Marriage Dissolution
Divorce in SlovakiaUpdated on Tuesday 26th October 2021
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The family legislation in this country provides the legal framework for the divorce procedures in Slovakia that apply when a couple does not intend to continue a marriage any longer. Our law firm in Slovakia can provide you with the specific information on this matter.
General information about divorce in Slovakia
In Slovakia, a divorce can be obtained only through a court. A court of law could dissolve a marriage after the person in question files a petition, if the relationship between the two marriage partners are permanently and significantly broken. The court then institutes the causes of the relationship impairment, considering them when making the decision on the divorce. When doing so, the court deliberates the best interests of any minor dependents.
The main grounds for divorce in Slovakia
Marriage breakdown is not pleasant for any of the spouses, so there are various reasons that can lead to a divorce. However, in Slovakia, the grounds for legal separation are established by the law and can be acknowledged only in court. In other words, the reasons for divorce must be presented to a judge who will decide if they are valid.
The irreconcilable breakup of the spouse is the main ground for divorce in Slovakia and evidence in this sense must be submitted by at least one of the spouses.
It should be noted that under the Slovak law, legal separation does not exist, however, marriage annulment is covered by the Civil Code provided that specific conditions are met.
If you want to obtain a divorce in this country, you can rely on our attorneys in Slovakia who are at your service with all the support you need to get through this process in the shortest time possible.
Divorce petition in Slovakia
As stated above, a divorce in Slovakia has to be initiated with a petition for divorce. Both marriage partners can agree together to file such a petition, in which case one partner is called the petitioner and the other – the respondent. Such a petition can also be filed without the agreement of the two marriage partners.
A marriage can be dissolved through a divorce even if the couple has minor dependents. In this case, there has to be a compulsory definition of custody for the minor dependents.
The divorce petition in Slovakia has to be written in a precise, clear fashion. It is advisable to consult one of our Slovak lawyers before formulating it to avoid all the common errors.
Legal consequences of a divorce in Slovakia
The legal consequences of a divorce in Slovakia involve:
• Renouncing the spouse’s surname;
• Division of the couple’s property;
• The rights and duties of the parents in regards to any minor dependents;
• An obligation to sustain for the other spouse’s living expenses: in case a divorced partner is unable to provide for himself or herself.
Our lawyers in Slovakia can offer more details on the legal consequences of a divorce in this country and what they actually involve.
Amicable divorce in Slovakia
Spouses who feel they can no longer make their marriage work can file a joint petition for divorce with the court in the home city. The procedure is simple and both parties can use the same lawyer to represent and help them terminate their marriage as soon as possible.
Particularities of divorce proceedings
Divorce proceedings in this county fall under the Civil Procedure Code through art. no. 99/1963 and art. no. 36/2005 (this last article is the new Family Law). In order to terminate a marriage in Slovakia, the following steps must be completed:
- choosing the competent court within the city at least one of the spouses is resident in;
- the delimitation of the parties in the divorce (the plaintiff and the defendant);
- the proposal or petition for divorce that must be filed jointly or separately;
- evidence supporting the divorce request by one or both parties.
It should be noted that in order to be valid, the petition must be dated and filed by at least one of the spouses (this depends on whether the separation is mutually agreed upon or not).
District courts rule in divorce proceedings in this country.
Obtaining a divorce in Slovakia is not difficult if all the steps are completed correctly, and our lawyers can offer the necessary assistance in this sense.
The main aspects to consider when filing for divorce
When deciding to file for divorce in Slovakia, you and your partner should consider various aspects that if not taken into account can be settled by the judge. The most important ones are related to child custody and their maintenance and the division of assets.
Unfortunately, these are the less pleasant dealings of ending a marriage and when mutual termination is on the table, our lawyers in Slovakia can help you make the necessary arrangements and draft an agreement in this sense. You should know that such agreements are recognized by the court and can lead to a quick procedure.
If the divorce procedure is not an amicable one, the court will decide on child custody and division of assets between the former spouses. The most important aspect will be ruling in favor of what is best for the children and their upbringing to which both parents must contribute.
When it comes to the division of assets in case of divorce, such matters can be settled:
- by mutual agreement;
- by the judge;
- through the lapse of time and contribution of each spouse to the joint household.
In most cases, the assets are divided into equal parts between the parties. The court can give up to 3 years to former spouses to reach an agreement on how these assets are split.
Our law firm in Slovakia can represent you in court proceedings in a divorce case.
Foreign citizens getting divorced in Slovakia
Foreign citizens living in Slovakia can obtain divorce decrees here in accordance with art. no. 97/1963 on International Private and Procedural Law and European Council Regulation no. 2201/2003. The minimum condition to be respected is for at least one of the spouses to have lived in Slovakia for a minimum period of 6 months.
You can obtain more information on how to obtain a divorce in Slovakia as a foreigner from our lawyers. We can also help you have your divorce certificate recognized if you are Slovak citizen and you have obtained it in another country.
Marriages and divorces in Slovakia
According to statistics:
- around 23,800 people got married in Slovakia in 2020, 21% less compared to the last 5 years;
- the least number of marriages registered was 573 in March 2020;
- by comparison, the largest number of marriages, 5,000, was registered in September;
- the divorce rate also dropped by 10.6%, from 11,600 to 10,400 and the main reason behind these numbers is most likely the Covid-19 pandemic.
If you are interested in filing for divorce in Slovakia, we can assist you with all the legal aspects of this procedure. Please contact our solicitors in Slovakia.