1. How can we divorce in Slovenia and where?

In Slovenia, individuals can divorce by mutual agreement with proposal to the court or, if one of the parties refuses to divorce, upon alawsuit. In both cases only a judge of district court (usually court of their last place of joint residence) can decide on divorce.

By mutual agreement, individuals can divorce only if they agree on all the aspects of their relationship – those usually present: the divorce itself, children-related matters (see question 5) and matters of communityproperty. If they cannot agree on all that, that way of divorce is not possible, and one of spouses must file a lawsuit.

2. What are the most common reasons that spouses may invoke?

In eithercase, be it by mutual agreement or through a lawsuit, the spouses don’t have to invokeany reason for their decision. They only have to formally claim the unbearablenessof their marriage.

3. How long does it take to divorce in Slovenia?

In case of divorce by mutual agreement the procedure lastsabout 6 months. I case of divorce through alawsuit, especially when spouses disagree about the children-related matters, it could last somewhere between 2 and 4 years. In either case (mutual agreement or lawsuit),the first step of a divorce procedure is a consultative interviewwith spouses together at a Centre for Social work.

4. What types of evidence can be used when divorcing?

The reasons for divorce are not relevant, so no evidence to this aim is needed.The types of evidence that can be used when deciding about care, education and protection of children, are any kind of documents, cross-examinations, social worker reports,children testimonies, psychological assessments, experts opinions, audio or video recordings, mails, text messagesand witness statements or testimonies; however, the catalogue is not closed.When taking into account the opinion of achild, the age is not the most important; it is more important that the childis able to understand the meanings and consequences of its decisions. When deciding on the amount of maintenance for children, both parents’ bank statements and payrolls for last six months are necessary.

5. What other family life aspects are settled once with the divorce?

When divorcing, there are other aspects that need to be settled such as the name of both parties after the divorce, the exercise of the parental authority in case of minor children, establishing the residence of children, establishing the right of the other spouse to contactwith his/her children, and establishing the obligation of the other spouse to pay child’s maintenance.

6. Is my presence necessary when divorcing?

In eithercase, be it by mutual agreement or through a lawsuit, there is a mandatorycourt session, where each spouse or their representatives must be present at the same time.

7. What kind of temporary measures concerning children can be orderedduring divorce proceedings?

The basic rule when deciding about children, although temporarily, is that the decision must pursue the benefits of the children, and is not be subordinated to the interests of the parents. With that view, the court mayorder temporary measures regarding:

  • the children’s residence (very rarely, only in urgent cases if a child is in danger – if it could have incurred irreparable or disproportionately difficultly reparable damage, or in case of violence),
  • the right of the spouse to contact with his/her children,
  • the obligation of one of the spouse to pay child’smaintenance.

8. How can a parent living abroad keep in touch with his child?

A parent living in another state can keep in touch with his/her children by visiting them at their residence, by taking them over, by taking them to holidays and via allelectronicmeans of communication.

9. In case a parent lives in another EU State, is that an obstacle for joint custody?

For joint custody, it is important, on top of concordance and normal communication of parents, that the implementation of such an arrangement is for the benefit of children and realisable in practice (same school, same social environment …). It is difficult to imagine that the court would approve a proposal for joint custody if the parents live in different countries, as they will not be able to execute it in practice.

10. How can a divorce resolution issued in Slovenia be acknowledged in another EU State?

Adivorce granted in Slovenia is valid in another EU country an EU certificate. The certificate is issued by the competent authority.

Published by: http://www.gsp.si

For further questions you can contact one of our family law specialists,

gregor.klemencic@gsp.si or anton.grilc@gsp.si