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If you are interested in our legal services, do not hesitate to contact us at recepcia@akmv.sk, and we will reply to you immediately. We will help you with the recognition of divorce in Slovakia, or with other legal services.
Divorce abroad is only the first step. To be free according to Slovak laws and, for example, to be able to change your surname in documents or remarry, you must go through the process of recognizing a foreign decision. This process has its specifics, especially when it comes to countries outside the EU, such as Great Britain.
Divorce in Great Britain Before and After Brexit
The procedure for recognizing an English divorce in Slovakia also depends on when the divorce took place and became legally final.
- United Kingdom and Brexit: The key date here is January 1, 2021.
- If the divorce in the UK was legally finalized by December 31, 2020, European regulations still apply. Such a divorce is often recognized automatically (a confirmation according to the relevant EU regulation is sufficient) and is registered directly in the Special Registry.
- If the divorce occurred after January 1, 2021, the United Kingdom is already considered a “third country.” In this case, you must submit a petition for the recognition of a foreign decision to the Regional Court in Bratislava.
You can find more on the recognition of divorce that occurred before or after Brexit in our article.
Where to File the Application?
All motions for the recognition of foreign divorce decisions shall be filed exclusively with the Regional Court in Bratislava.
Notice
This process cannot be carried out through the diplomatic mission (embassy or consulate) of the Slovak Republic abroad. The motion must be delivered directly to the court, either by post, in person to the court registry, or electronically with a qualified electronic signature.
Slovak citizenship requirement
For a Slovak court to decide on recognition, a basic condition must be met: at least one of the former spouses had to be a citizen of the Slovak Republic at the time of the divorce. This fact must be credibly proven to the court. As evidence, you can use:
- a valid Slovak passport,
- an ID card,
- a Certificate of Slovak Citizenship,
- a sworn affidavit of citizenship (if represented by our law firm, we will draft the affidavit for you).
What must the petition contain (requirements for the filing)?
To ensure your petition is successful and the court does not ask for supplements, it must be clearly written and contain all legally required details. Here is an overview of what it must include:
- Addressee: Clear indication that the petition is addressed to the Regional Court in Bratislava.
- Petitioner: Your complete details (first name, all surnames including maiden/birth surname, date and place of birth, citizenship, and residential address).
- Information about the former spouse: The same identification details for the second spouse. If you do not know where they currently live, you will attach a sworn affidavit (which, if represented by our law firm, we will draft for you).
- Marriage details: When and where you were married and before which authority (e.g., a registry office or church in a specific city).
- Divorce details: When and where it took place, the name of the foreign court, the case number of the judgment, and the exact date it became final and effective.
- Relief sought (claim/petit): The final section where you explicitly request that the Regional Court in Bratislava recognize the specific foreign decision within the territory of Slovakia.
- Signature and contact: Date, signature, and ideally an email address or phone number for faster communication with the court.
- List of enclosures: An inventory of all documents attached to the petition (e.g., a certified copy of the judgment with an Apostille/superlegalization and an official sworn translation).
Attachments to the Submission
The following documents must be attached to the petition, in particular:
- Divorce Decree: Must be an original bearing a stamp and the signature of a judge (not a copy). An Apostille / superlegalization is also required. Since it is a Swiss document, it must be affixed with an Apostille certificate confirming the authenticity of the public document for use abroad.
- Certificate of Legal Effect / Finality: Attached directly to the judgment (stamp) or as a standalone document specifying the exact date on which the divorce became final and effective.
- Official Translation: The documents must be officially translated into the Slovak language in hard copy by a sworn translator registered in the Roster of Translators maintained by the Ministry of Justice of the Slovak Republic. At AKMV, we will arrange this translation for you if needed.
- Identity Documents of the Spouses (copies)
- Affidavit / Solemn Declaration (regarding decisions of another court or the residence of the other ex-spouse)
- Power of Attorney – We will draft the power of attorney for representation in the proceedings on your behalf.
Note of Interest
The Regional Court decides solely on the recognition of divorce. Should the decree contain other rulings (e.g., regarding parental rights and obligations towards a child), the Regional Court shall not decide on their recognition.
Court Fee and Duration of Proceedings
- Court Fee: A court fee of EUR 50 is charged for filing a petition for recognition of divorce electronically. If you file the petition with the court electronically using a qualified electronic signature, this fee is not payable in advance upon submission. Upon receipt of the petition, the court will issue and send you a payment order containing all necessary payment details.
- How Long Does It Take? Based on the experience of AKMV, the entire recognition process—from the submission of the petition to the issuance of a final and binding judgment—takes approximately 3 to 5 months. The exact timeframe depends on the court’s workload and the completeness of the submitted documentation.
Recognition of a divorce is an essential step to ensure that your legal affairs in Slovakia are fully in order. If you feel hesitant about preparing the petition yourself, we recommend seeking the assistance of legal professionals who will ensure that all formal and substantive requirements are meticulously met.
What Does the AKMV Law Firm Offer You?
Recognition of a foreign divorce is a procedurally demanding process. Our law firm offers you a comprehensive package of legal services, which includes:
- Initial Consultation: Sending a detailed questionnaire and conducting a comprehensive review of your documents.
- Preparation of Documentation: Drafting the Power of Attorney, the petition for recognition of a foreign judgment, affidavits, and other necessary attachments.
- Filing with the Court: Full legal representation in proceedings before the Regional Court in Bratislava up to the issuance of the ruling on recognition.
- Registration of Divorce: Registration of the divorce with the Civil Register Office and issuance of a marriage certificate bearing the divorce endorsement.
Additional Service: Registration with the Civil Register Office and Issuance of a New Marriage Certificate
Once the court recognizes your Swiss divorce, this fact must be registered in the Special Register Office in the Slovak Republic.
This service includes:
- Drafting the application for the registration of the divorce in the Civil Register.
- Submitting the application and requesting a marriage certificate bearing an endorsement of divorce.
- Receiving the issued document and delivering it to the client.
Contact us!
Do not hesitate to contact us at recepcia@akmv.sk
