What is the procedure for a divorce?

Marriage is a union of a man and a woman that arises on the basis of their voluntary and free decision to enter into marriage after fulfilling the conditions established by Act No. 36/2005 Coll. on the Family, as amended (hereinafter referred to as the “Family Act”). The dissolution of a marriage by divorce can only occur in justified cases, as stated in Section 22 of the Family Act.

Slovak legislation is based on a single ground for divorce, namely that the relations between the spouses must be so seriously disrupted and permanently broken that the marriage cannot fulfill its purpose and the restoration of marital cohabitation cannot be expected from the spouses.

Therefore, at the hearing, the court examines these two conditions:

1. Whether the marriage cannot fulfill its purpose.

2. Whether the restoration of marital cohabitation cannot be expected from the spouses.

The court assesses on the basis of its own discretion whether these conditions are met. In particular, the court examines whether the spouses live together in a common household or separately, whether they have other partners, what conflicts they have between each other, whether they spend free time together, how they raise their common children, etc.

Whether the other spouse agrees with the divorce or not is not relevant.

The law also states that it is the role of the court to ascertain the causes of the breakdown of the marriage. The method the court chooses is at its discretion. When assessing the degree of breakdown, account is taken of how the spouses violate the obligations established in the Family Act under Section 18:

• „Spouses are equal in rights and obligations in marriage. They are obliged to live together, be faithful to each other, mutually respect their dignity, help each other, care for the children jointly, and create a healthy family environment.“ and Section 19:

• „Both spouses are obliged to care for the satisfaction of the needs of the family founded by marriage according to their abilities, possibilities, and property relations. The satisfaction of family needs also includes personal care for the children and the household. Spouses decide jointly on matters concerning the family. If they do not agree on essential matters, the court shall decide upon the petition of one of them. Neither spouse needs the consent of the other spouse for the exercise of a profession and for employment application.“

The court subsequently evaluates whether the breakdown of the marriage is so fatal that it is impossible to restore its proper functioning.