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Family law

Family law in practice

A marriage breaking down, a dispute over where the children will live, maintenance the other parent does not pay, or a shared flat with a mortgage. In family matters the law is bound up with emotions, and decisions shape years to come. Clients also come to us about establishing or contesting paternity, adoption and dividing marital property after divorce. Under Slovak law, property acquired during marriage is held in joint ownership, known as BSM.

Where possible, we start with an agreement on the children, maintenance, contact and property. Agreed proceedings tend to be shorter, cheaper and easier on children. When agreement is out of reach, we prepare the application to the court, gather evidence on care and income and represent you at the hearing. In an urgent situation, such as domestic violence, we apply for an interim measure to protect the child or the person at risk.

We act for mothers and fathers, spouses, grandparents and prospective adoptive parents, including those living abroad. Our office is in Žilina and we represent clients in family matters before courts throughout Slovakia. The initial consultation and ongoing contact can take place online in Slovak, Czech or English; in person you will mainly attend the hearing at the court for the child's place of residence. Before the hearing we go through what the judge may ask you.

What we help with

  • Divorce petitions, by agreement or contested
  • Parental rights and responsibilities for minor children
  • Shared custody and contact arrangements
  • Setting, increasing, reducing and recovering child maintenance
  • Maintenance between spouses and for a divorced spouse
  • Dividing marital property by agreement or in court
  • Establishing and contesting paternity
  • Adoption
  • Protection from domestic violence

How we work

  1. Talking it through

    We calmly go through what is happening, what matters to you and the children, and what the options are. We explain the difference between an agreed and a contested case and how long each may take.

  2. Seeking agreement

    We draft a parenting agreement or an agreement on maintenance or property and negotiate with the other side in a matter-of-fact way. An agreement is usually less stressful for children.

  3. Application and hearing

    If agreement is not possible, we file with the competent court, prepare you for questioning and represent you at the hearing.

  4. After the decision

    We help with changes to maintenance when circumstances change, with contact arrangements or with recovering unpaid maintenance. We invoice as agreed at the start.

Worth knowing

When a court grants a divorce

The court grants a divorce if the marriage has broken down so seriously that it can no longer serve its purpose and the couple cannot be expected to resume living together (Section 23 of Slovak Family Act No 36/2005). Where there are minor children, the court also decides on parental rights and duties.

Marital property within three years

If spouses neither agree nor apply to court within three years of the joint ownership ending, a statutory presumption of how it was divided applies (Section 149(4) of the Slovak Civil Code).

Contesting paternity within three years

The mother's husband can contest paternity within three years of learning facts that reasonably cast doubt on it. The mother can contest her husband's paternity within three years of the child's birth.

Maintenance can be changed

A change in maintenance can be requested whenever the circumstances of the paying parent or the child change significantly.

Related specialisations

Common questions

  • An uncontested divorce, where the parents agree on the children, usually takes 3 to 6 months. A contested divorce that also deals with maintenance, care of the children and property can take 12 months or longer.

  • When both parents are capable of raising the child, genuinely want to care for them and it is in the child's interests. The court looks at how the parents communicate, how far apart they live, the child's age and needs, and the child's own view if they can express it.

  • Individually, based on the child's reasonable needs and the paying parent's abilities, opportunities and financial situation. A child is entitled to share in the standard of living of both parents.

  • Assets acquired during the marriage, such as a flat, a car, savings or a company share. Inheritances, gifts and items for the personal use of one spouse are not included.

Related articles

Articles are in Slovak.

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In a consultation we assess your situation, suggest a way forward and tell you what costs to expect.

€90 incl. VAT, 30 minutes, in person or online

This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.