- Particulars of the divorce proceedings in Slovakia
- Where to submit divorce application?
- Designation of the parties
- Further particulars of the divorce proceedings
- Petition for divorce
- Attachments to the petition for divorce
- In how many copies to file for divorce?
- Court fee
- When court divorces marriage?
- Divorce of a foreigner in Slovakia
Particulars of the divorce proceedings in Slovakia
Particulars of the divorce proceedings are governed by Act no. 99/1963 Coll. of the Code of Civil Procedure, as well as by Act no. 36/2005 Coll. on Family. The general requirements of the divorce proceedings include:
- designation of the competent local court
- designation of the parties (the plaintiff – husband/wife requesting for divorce and the defendant – wife/husband)
- matter of the proposal
- what the proposal follows (petit)
- signature and date
Our Law Office can help you drafiting a petition for divorce in Slovakia and represent you in court, contact us.
Where to submit divorce application?
The application for divorce is filed to the District Court in whose jurisdiction:
- the spouses had their latest common residence in the Slovak Republic if at least one of the spouses lives in the jurisdiction of the court
- if there is no such court, competent is the general court of the defendant
- and if there is even no such court, the general court of the plaintiff
Designation of the parties
The parties will be spouses themselves. The one who submits the application, will be the plaintiff, the other spouse will be designated as the defendant.
For both parties we recommend to indicate the name, surname, date of birth and telephone contact, residence of the parties or their representatives, information on citizenship.
Further particulars of the divorce proceedings
In the application is necessary to describe course of the marriage, indicate when and due to what began to emerge disagreements and what is the cause of marriage breakdown.
Petition for divorce
In the petition for divorce must be stated that the plaintiff claims that the marriage is divorced.
If the spouses are parents of a minor children, under the provisions of § 113 of the Code of Civil Procedure, the petition also indicates:
- who the plaintiff claims to entrust the children in the custody for the time after the divorce
- adjusting access of the other parent to the child
- how much and on which day of the month other parent will contribute to the maintenance of the child (the amount of maintenance) and
- which parent shall represent the child and administer its assets
Attachments to the petition for divorce
In the petition for divorce shall be designated evidence to support claims of the plaintiff. The documents which shall accompany the petition for divorce include in particular a copy of the marriage certificate and if the spouses are parents of a minor children also birth certificates of children. The petition may also propose examination of witnesses.
In how many copies to file for divorce?
The petition shall be submitted to the court in two copies so that each party had one copy and one is designated for the court. In the event that the proceedings will also deal with the custody of the child to care for the time after divorce the petition must be made at three copies. In the same number shall be sent to the court the annexes to the petition.
Court fee is € 66.
When court divorces marriage?
The court divorces the marriage if the relationships between the spouses are so seriously disturbed and permanently disrupted that the marriage can not fulfill its purpose and the spouses can not be expected to restore conjugal cohabitation. In this case, it requires the inability to restore conjugal cohabitation caused by high intensity of the breakdown of relations between the spouses. It is also required a serious disturbance of emotional relationships.
Divorce of a foreigner in Slovakia
As regards the divorce of a marriage in the Slovak Republic, there is a national provision under § 22 of Act no. 97/1963 Coll. on International Private and Procedural Law, as amended, which governs the law applicable to the termination of a marriage by divorce.
Applied priority over these provisions has the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (hereinafter “Brussels IIa Regulation”). Article 3 governs the general jurisdiction of the court, as follows: The courts of the Slovak Republic are competent in matters of divorce, if on the territory of the Slovak Republic:
- the spouses have their habitual residence
- the spouses were last habitually resident if one of the spouses still lives
- has a habitual residence
- in the case of a joint application, one of the spouses has a habitual residence
- the plaintiff has a habitual residence if he has been there for at least one year immediately prior to the submission of the petition
- the plaintiff has his habitual residence if he has been there for at least six months immediately prior to the filing of the application and is either a national of that Member State or, in the case of the United Kingdom and Ireland, he has “domicile” there
In addition, jurisdiction would be conferred on the Slovak court if both spouses are citizens of the Slovak Republic, in the case of Great Britain and Ireland, it would be sufficient if both spouses were “domiciled” in the Slovak Republic.
Provision of Art. 6 Brussels IIa Regulation further regulates the exclusive jurisdiction of the court.
A husband who:
- is habitually resident in the territory of a Member State; or
- is a national of a Member State or, in the case of the United Kingdom and Ireland, having his “domicile” in the territory of one of those Member States, may be sued in another Member State only in accordance with Articles 3, 4 and 5
The term “habitual residence” is not legally defined. Usual residence is not a permanent residence or residence, but they can be identical. It is the place where a person has a center, the focus of their lives, their interests with regard to their family, work or social life. The person’s intention to live somewhere is not the only and crucial point for assessing habitual residence (as opposed to residence).
It means that the establishment of the jurisdiction of the Slovak court requires that the conditions laid down in Regulation Brussels IIa are met.