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Last update: 31-05-2007
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Divorce - Slovenia

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TABLE OF CONTENTS

1. What are the conditions for obtaining a divorce? 1.
2. What are the grounds for divorce? 2.
3. What are the consequences of a divorce as regards: 3.
a) The personal relations between the spouses? a)
b) The division of property of the spouses? b)
c) the minor children of the spouses? (see “Parental responsibility – Slovenia”) c)
d) the obligation to pay maintenance to the other spouse? (See “Maintenance Claims – Slovenia”) d)
4. What does the legal term “legal separation” mean in practical terms? 4.
5. What are the conditions for legal separation? 5.
6. What are the legal consequences of legal separation? 6.
7. What does the term “marriage annulment” mean in practice? 7.
8. What are the conditions for marriage annulment? 8.
9. What are the legal consequences of marriage annulment? 9.
10. Are there alternative non-judicial means for solving issues relating to the divorce without going to court? 10.
11. Where should I lodge my application for divorce/legal separation/marriage annulment? Which formalities must be respected and which documents should I attach to my application? 11.
12. Can I obtain legal aid to cover the costs of the procedure? 12.
13. Is it possible to appeal against a decision relating to divorce/legal separation/marriage annulment? 13.
14. What should I do to have a decision on divorce/legal separation/marriage annulment issued by a court in another Member State country recognised in Slovenia? 14.
15. To which court should I turn in Slovenia to oppose the recognition of a decision on divorce/legal separation/marriage annulment issued by a court in another Member State? Which procedure applies in these cases? 15.
16. Which is the applicable law in a divorce proceeding between spouses who do not live in Slovenia or who are of different nationalities? 16.

 

1. What are the conditions for obtaining a divorce?

  1. A proposal for an agreed divorce or a legal suit for divorce before a court.
  2. A consultative discussion of spouses carried out by the centre for social work.
  3. The centre for social work shall report to the court on the consultative discussion.

2. What are the grounds for divorce?

  1. That the marriage is "unbearable for whatever reason". In practice this is not difficult to prove.
  2. There is no need that the marriage is "unbearable" for both partners.
  3. The fault of one of the partners, which caused the "unbearableness", has no influence on the decision of the judge.

3. What are the consequences of a divorce as regards:

a) The personal relations between the spouses?

There are no consequences.

b) The division of property of the spouses?

If one of the spouses files a suit for divorce:

  1. In the division of joint assets, it shall be considered that the share of the spouses of the joint assets is equal, but the spouses may prove that they contributed to the joint assets in another proportion.
  2. In a dispute on the amount of the share of each of the spouses of the joint assets, a court shall consider not only the income of each of the partners but also other circumstances.

In the case of a proposal of agreed divorce:

The spouses should lodge a written and court certified agreement on the division of common assets, and on which of the partners will be the holder of housing rights.

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c) the minor children of the spouses? (see “Parental responsibility – Slovenia”)

The court shall also decide on the care, upbringing and subsistence of joint children. Prior to reaching a decision, the court shall seek the opinion of the centre for social work.

The parent to whom children have not been entrusted retains the right to personal contact with such, unless a court decides otherwise for the benefit of the child.

In the case of a proposal of agreed divorce:

  1. The spouses must reach an agreement on the care, upbringing and subsistence of joint children.
  2. Before a court grants a divorce, it must ascertain whether the care, development and subsistence of children is suitably looked after by the agreement, and to require the opinion of the centre for social work.
  3. If parents do not live together, they must agree between them with whom the child shall live.
d) the obligation to pay maintenance to the other spouse? (See “Maintenance Claims – Slovenia”)
  1. An amount for subsistence to be paid to an unsupported spouse, shall be determined by the judgement which grants the divorce, at their demand or on the basis of agreement with the other divorced partner.
  2. Subsistence shall be determined according to the needs of the holder of the right, and the possibilities of the one bound by the obligation.
  3. A renunciation of the right to subsistence shall not have legal effect.
  4. Maintenance support determined by court order shall be adjusted with the movement of the cost of living and personal incomes in SR Slovenia.

4. What does the legal term “legal separation” mean in practical terms?

The Law on marriage and family relations of the Republic of Slovenia contains no legal term “legal separation”.

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5. What are the conditions for legal separation?

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6. What are the legal consequences of legal separation?

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7. What does the term “marriage annulment” mean in practice?

It means that, after the marriage is annulled, it ceases to have effect from the day of the annulment.

8. What are the conditions for marriage annulment?

The possible reasons for annulment are:

  1. The spouses are of the same sex
  2. There was no free consent of the future spouses
  3. The marriage was concluded by persons below the age of eighteen
  4. The marriage was concluded by persons who are seriously mentally disturbed or legally incompetent
  5. A previously concluded marriage by one of the spouses was not terminated or annulled
  6. The marriage was concluded between persons who are directly related, a brother and a sister, a half-brother and a half-sister, an uncle and a niece, an aunt and a nephew, and also between children of brothers or sisters, half-brothers or sisters. This does not apply to relations, which are created by adoption, except between adopter and adoptee

9. What are the legal consequences of marriage annulment?

  1. If a marriage is annulled, it ceases to have effect from the day of the annulment.
  2. In relation to property relations and gifts between partners, the same provisions shall apply in the annulment of a marriage as in divorce.

10. Are there alternative non-judicial means for solving issues relating to the divorce without going to court?

The Slovenian legislation provides no non-judicial means, such as mediation for solving issues relating to the divorce without going to court.

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11. Where should I lodge my application for divorce/legal separation/marriage annulment? Which formalities must be respected and which documents should I attach to my application?

  1. Jurisdiction: district courts
  2. The action shall contain a specified relief or remedy claimed, the lateral claims, the statement of facts constituting the cause of action, the statement of evidence proving these facts, and other particulars required in every pleading. The action shall be enclosed with the certificate of payment of the due court fee.
  3. To the motion for a divorce by the agreement the spouses shall attach:
    • The agreement on the care, upbringing and subsistence of joint children, and
    • The agreement on subsistence of not supplied spouse who does not have the means for survival and is incapacitated for work or is unemployed and cannot work, and
    • A written and notary certified agreement on the division of common assets, and on which of the partners will be the holder of housing rights.

12. Can I obtain legal aid to cover the costs of the procedure?

Yes!

13. Is it possible to appeal against a decision relating to divorce/legal separation/marriage annulment?

Yes!

14. What should I do to have a decision on divorce/legal separation/marriage annulment issued by a court in another Member State country recognised in Slovenia?

  1. The procedure for recognition of a foreign court decision shall be initiated upon a proposal.
  2. Any person satisfying the requirement of legal standing shall be entitled to a request for the recognition of a foreign court decision in matters which concern personal condition (status).
  3. The decision to recognise a foreign decision shall be passed by an individual judge at a district court. Local jurisdiction for recognising a foreign court decision shall be within the jurisdiction of any court competent with regard to the subject matter. Namely the proposal for recognition of a foreign court decision shall be lodged to any district court in Republic of Slovenia.
  4. A person filing for recognition of a foreign court decision shall have to supplement the request with the original foreign court decision or an authenticated copy thereof and a certificate, issued by a competent foreign court or other body and stating that the decision is legally binding under the law of the country in which it was issued. The foreign court decision or an authenticated copy thereof should be written in a language in official use at the court or provided wit an authenticated translation.

15. To which court should I turn in Slovenia to oppose the recognition of a decision on divorce/legal separation/marriage annulment issued by a court in another Member State? Which procedure applies in these cases?

The objection shall be submitted to any District court of the Republic of Slovenia.

16. Which is the applicable law in a divorce proceeding between spouses who do not live in Slovenia or who are of different nationalities?

  1. The law of the country whose citizens the spouses are at the time of filing for a divorce shall be used to dissolve a marriage.
  2. If at the time of filing for a divorce the spouses are citizens of different countries, then the cumulative laws of the countries whose citizens they are shall be used to dissolve the marriage.
  3. If the marriage cannot be dissolved under the law described in the second paragraph of this Article, then the law of the Republic of Slovenia shall be used to dissolve a marriage, if the permanent residence of one of the spouses at the time of filing for a divorce is in the Republic of Slovenia.
  4. If one of the spouses is a citizen of the Republic of Slovenia and does not have permanent residence in the Republic of Slovenia, and the marriage cannot be dissolved under the law specified in the second paragraph of this Article, then the law of the Republic of Slovenia shall be used.

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Last update: 31-05-2007

 
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