Recognition of a divorce that occurred in China

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In order for you to be issued a Slovak marriage certificate with a notation regarding a divorce that occurred abroad, it is necessary to:

1. File a petition for the recognition of a foreign decision (on divorce) with the Regional Court in Bratislava.

2. Submit an application for the registration of the divorce to the Special Registry.

Recognition of the Divorce by the Regional Court

There is no bilateral international treaty concluded between the Slovak Republic and the People’s Republic of China (the state whose authority issued the decision to be recognized) regulating the recognition of divorce decisions. Furthermore, these states are not joint parties to any multilateral international treaty governing the recognition of final foreign decisions in matrimonial matters. Consequently, it is necessary to proceed according to Act No. 97/1963 Coll. on Private International Law and Procedure (hereinafter “PILP”).

Pursuant to Section 64 of the PILP, a foreign decision cannot be recognized or enforced if: a) Recognition is prevented by the exclusive jurisdiction of Slovak authorities, or if the foreign authority would not have had jurisdiction to decide if Slovak law were applied to assess its jurisdiction; b) It is not final or enforceable in the state where it was issued; c) It is not a decision on the merits of the case; d) A party to the proceedings against whom the decision is to be recognized was deprived of the opportunity to act before the foreign authority due to its procedure, particularly if they were not properly served with a summons or the petition to initiate proceedings (the court does not examine this if the decision was properly served and the party did not appeal, or if the party declared they do not insist on examining this condition); e) A Slovak court has already issued a final decision on the matter, or there is an earlier foreign decision in the same matter that has been recognized or meets the conditions for recognition; f) Recognition would be contrary to Slovak public policy.

According to Section 65 of the PILP, foreign decisions in matrimonial matters where at least one of the parties is a Slovak citizen shall be recognized in the Slovak Republic if not prevented by the provisions of Section 64 (b) to (f).

The following documents are generally required for the petition to recognize a foreign divorce:

• Marriage Certificate for the marriage that was divorced (with an Apostille/legalization and official translation) – even if the petition is filed electronically, the court requires a certified photocopy in paper form. If the marriage has already been recognized in Slovakia, a Slovak marriage certificate is sufficient.

• Divorce Decree/Judgment (with an Apostille/legalization and official translation) – even if filed electronically, the court requires the original in paper form.

• Confirmation of Finality and Enforceability of the divorce judgment – this document varies by country; it is most often in the form of a court stamp with the specific date the judgment became final and enforceable, meaning it is final and no longer subject to appeal. If you are unsure if the finality date is clear from the documents, we recommend contacting the issuing court directly.

• Documentary evidence that the obstacle to recognition mentioned in Section 64 (d) of the PILP does not exist, or a declaration from the other party that they do not insist on its examination (proving the other party was not deprived of their rights).

• Affidavit of the Petitioner stating that a Slovak court has not already issued a final decision on the matter and that there is no earlier decision in the same matter (a separate document attached to the petition).

• Affidavit regarding the fact that the ex-spouse’s residence is unknown to you (if applicable).

• Power of Attorney, if the petitioner is represented by an agent.

• Certificate of State Citizenship is required if the person seeking recognition in Slovakia does not hold a valid Slovak identity document.

Fees and Deadlines:

• The fee for the petition for recognition is 100 EUR (or 50 EUR for electronic filing).

• In some cases, the judgment of recognition was issued within a month of filing. In other cases, it took approximately 2–6 months. Therefore, it is not possible to objectively estimate the court’s decision-making timeframe.

Registration of the Divorce at the Special Registry

Subsequently, once you have the final decision from the Regional Court stating that the foreign judgment is recognized in the part regarding the divorce, you must submit an application to the Special Registry.

Along with the application form, you must submit:

• A 7 EUR administrative fee (stamp).

• The final foreign divorce judgment (the recognized one).

• Power of Attorney (if represented).

The application is submitted by mail to the address of the Special Registry.

Should you have any questions, please do not hesitate to contact us.