Conclusion of marriage with a married alien

Pursuant to the Slovak Family Act[1], a marriage may not be concluded with a married man or a married woman. Should a marriage be concluded with a married man, the court shall, even ex officio, declare such marriage invalid.

Upon the solemnization of marriage in Slovakia, an alien must demonstrate their personal status by a document issued by the competent authority of the State of which the alien is a national.

Furthermore, in the case of bigamy, it also constitutes a criminal offense under Slovak law[2]. The subject of the criminal offense shall be not only the person who enters into another marriage during the subsistence of their marriage, but also anyone who knowingly enters into marriage with a person who is already in another marriage.

Pursuant to the Act on Private International Law and Procedure[3], the form of the conclusion of marriage shall be governed by the legal order of the place where the marriage is concluded.

Based on the aforementioned, we hold that a valid conclusion of marriage between a Slovak national and a married alien outside the territory of the Slovak Republic is possible, provided that it is permitted by the law of the State in whose territory the marriage was concluded. However, the validity of such a marriage will be confined solely to the territory of the country in which the solemnization of marriage took place.

Pursuant to the Act on Private International Law and Procedure[4], a marriage concluded abroad by a Slovak national before an authority other than an authorized authority of the Slovak Republic shall be valid in the Slovak Republic, provided that it is valid in the State before whose authority it was concluded, and that no impediment excluding the conclusion of marriage existed under Slovak substantive law.

It follows from the aforementioned that even if a valid conclusion of marriage between a Slovak national and a married alien were to occur outside the territory of the Slovak Republic, such marriage would not be valid within the territory of the Slovak Republic under the law.

In practice, however, the Ministry of Interior of the Slovak Republic, which maintains the Special Registry and recognizes marriages concluded abroad, does not require a document certifying personal status. The Slovak authority could thus recognize such a marriage, provided that the personal status of “married” does not appear from the submitted documents required for recognition. If, however, such a marriage were to be contested in the future, or if a Slovak authority became aware of the existence of bigamy, such marriage would be declared invalid.

In the event of death, should the deceased be a national of another State, it is necessary to examine whether the Slovak court will have jurisdiction to conduct the probate proceedings.[5] Pursuant to the Slovak legal order, after the death of the deceased, a person who is not an heir may acquire estate property only if it has been bequeathed to them by a will. Descendants (irrespective of their nationality or whether they were born in or out of wedlock) shall always inherit, provided they have not been validly disinherited.