Their consent is not required. If the court finds that the marriage has broken down seriously and permanently, it can grant the divorce without it. The proceedings tend to take longer, though.
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- Národná 15, 010 01 Žilina
Divorce, children and dividing property
Divorce, children and dividing property in practice
Divorce is a difficult time for most people, and the legal questions pile up. Alongside the divorce itself, you need to settle who the children will live with, how often the other parent will see them, what maintenance will be paid and what happens to the flat, the car or the mortgage. The more the spouses agree on, the less the court has to decide.
We first talk everything through calmly and explain the options. Where it is realistic, we help reach agreement on the children and the property. Where it is not, we file with the court and represent you in the divorce, in the arrangements for minor children and in dividing community property, which under Slovak law covers most assets acquired during the marriage. Consultations are available in person in Žilina or online.
What we help with
- Divorce petitions
- Agreements or court applications on care of and contact with children
- Child maintenance and maintenance between spouses
- Agreements on dividing community property or a court application
- Representation at hearings
- Changing maintenance or contact arrangements after divorce
Worth knowing
When a court grants a divorce
Under Slovak Act No. 36/2005 on the Family, when the relationship has broken down so seriously and permanently that the marriage cannot serve its purpose. Both spouses do not need to agree.
Minor children
Where the spouses have minor children, the court also decides who will care for them and sets maintenance. Divorce by itself does not change parental rights and duties.
Maintenance
In setting maintenance, the court considers the child's needs and the paying parent's abilities, opportunities and financial circumstances.
Community property within three years
Divorce ends the spouses' community property. If it is not divided by agreement or by the court within three years, it is divided by operation of law.
Common questions
- Where there are minor children, the court usually hears both spouses, so you should expect to attend. Your lawyer represents you and prepares you for the hearing.
- Yes. An agreement on dividing community property can be made after the divorce, within three years of the community property ending. For real estate, the agreement is entered in the Land Registry.
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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.