Family law and pandemic
1. How has the past year affected your work in particular and family law issues in general - what are trends and common issues you have observed? In your jurisdiction - has COVID broken up families or brought them close together? Any Anecdotes - what have you seen or how have people’s thoughts changed?
Preliminary data show that the pandemic and lockdown have reduced the number of marriages, but also divorces in Slovakia. During the first ten months of 2020 (for which data are currently available), 21,689 marriages were reported. Compared to the same period of 2019, it is 5,032 marriages (19 percent) less, and compared to 2018, it is 6,417 marriages (23 percent) less. It is likely that some marriages have been postponed until the coronavirus situation improves and large weddings can be held again. In any case, reducing marriage is not good news, because marriage is the very institution that helps to overcome difficult life situations, such as social and other difficulties during a pandemic. During the lockdown period, there was also a significant decrease in the number of divorced marriages, although in the second half of the year they increased. In the months of March to May 2020, the number of divorces decreased by 45 percent compared to the same period of 2019. On the contrary, in the months of July to September there was an increase in the number of divorces by 22 percent compared to the same period of 2019. Other months of 2020, 6,927 divorces were reported, which is 894 divorces (11 percent) less than in the same period in 2019 and 899 divorces (11 percent) less than in 2018. Deferred divorce proceedings will end for the most part this year, so it can be expected that in 2021 the number of divorces will increase compared to last year (provided that the courts will hear). In order to assess the question of how the pandemic affects divorce rates, it is important to look in particular at another indicator, namely the number of divorce petitions filed. In the past, there have been repeated views that lockdown will help increase divorce rates, as forced spending of a lot of time together will deepen disagreements between spouses. Preliminary data on the number of filed divorce petitions in Slovakia, collected by the Ministry of Justice of the Slovak Republic, show that in March to May 2020, 28 percent fewer divorce petitions were reported than in the same period in 2019. In June and July, a slight increase, and a slight decrease in August to October, compared to the same periods in previous years. A total of 9,025 divorce petitions were reported in the first ten months of 2020, a decrease of 10 percent from 2019 77 and 11 percent from 2018, respectively. From these data, it appears that the coronavirus pandemic and its associated limitations will have a rather positive effect on the stability of the marriage and the reduction of divorce rates.
2. Have reports of domestic violence increased in frequency over the past year?
The COVID-19 pandemic brought a significant increase in domestic violence. Not only is its intensity increasing, but so is its brutality. A total of 1461 crimes were committed by "relatives" in domestic violence offenses in 2020. This represents a year-on-year increase of 55 cases. In the case of the crime of torture of a close person and a trusted person, 477 criminal offenses were detected in 2020, which is 72 cases more than in 2019. Police officers are increasingly using the institute of expelling a suspect from domestic abuse. While in 2018 the number of reports was 844, in 2019 it was 892 and in 2020 to 1045 reports from the common dwelling. It must be borne in mind that serious cases of domestic violence often end in the police with a motion to indict, with the rate in the basic facts of the crime starting at three to eight years.
3. If possible, to wait it out (with no physical danger etc.) file now or wait? Can you start your divorce from home? What are the practical/ legal/ procedural considerations in Slovakia? Are courts backlogged/ are they hearing all matters?
Divorce proceedings begin on application to the competent court. Application can be filled on paper to the registrar of the court or electronically signed by electronical signature by the data box of Slovak republic. Electronical filling documents is obligatory for legal practitioners, private persons might still file via post office. In Covid situation in Slovakia there are not heard all cases. Only criminal cases and cases where minor child is involved are heard at the courts.
4. Alternatives to court - binding mediation/ arbitration?
Divorces or minor children cases are excluded from arbitration. In Slovakia there is also not a binding mediation, all agreements in relation to minor child has to be approved by court. Only the court might divorce a marriage. Family relationships. Mediation here offers a sensitive solution to the conflicts we may encounter in every family. In the case of divorce and seriously disrupted family relationships, where the interests of children in particular need to be taken into account, mediation is perhaps the last option for maintaining good (or at least satisfactory) family relationships. This mediation agreement as an outcome of the mediation procedure has to be approved by the court, otherwise is not enforceable in Slovakia.
5. Custody and visitation issues to highlight if any?
Pursuant to the RESOLUTION OF THE GOVERNMENT OF THE SLOVAK REPUBLIC no. 77 of 5 February 2021, it follows that the restriction on freedom of movement and residence by the ban on going out of 8 February 2021 from 05.00 am until 01.00 does not cover the journey of a child to and from a childcare facility under the age of three, the journey of the child and his or her accompanying person to a parent or person who has the right to have contact with the child and the return journey, the journey of the parent, another entitled person and the child's journey made in connection with a court decision on contact of a parent (or other entitled person) with the child, alternating personal care or travel the child by agreement of the parents and the way back.
6. International related issues and considerations if any?
Pursuant to the Decree of the Public Health Office of the Slovak Republic, which prescribes measures in the event of a threat of public health to quarantine obligations of persons after entering the territory of the Slovak Republic no. 41 applies to persons who enter the territory of the Slovak Republic due to a valid court decision in the matter of performing alternate care of parents for a minor child, or the right of contact with a minor child, whereas persons thus entering the territory of the Slovak Republic are obliged to prove a valid court decision when entering the territory of the Slovak Republic, or parental agreement and inform the Ministry of Labor, Social Affairs and Family of the Slovak Republic (Center for international legal protection of children and youth) on the intention to enter the territory of the Slovak Republic. For these reasons, insulation in a home environment or quarantine accommodation is not required.
7. Any creative “solutions” - clients figuring out complicated situations, courts making relevant processes easier - that you might have seen?
We are the first to unequivocally recommend representation by a lawyer. In the case of divorce, if the person files for divorce himself without legal representation, we recommend that the following conditions be observed. The first condition of divorce is a correctly written petition for divorce. It is sent to the court in a childless marriage in two copies. The second condition for a quick divorce is to file an application with the correct administrative district court. If you had incorrectly filed for divorce in another court, then this district court would transfer it to the competent court in accordance with the law, but you would lose at least 3 months. The third condition for a quick divorce is the attachment of all the annexes to the divorce application and the divorce application itself in the required number. Attach the proposal and attachments in three copies in your case. If the spouses have children, writing a child agreement will speed up the divorce.
8. Effects of doing things online going forward - commoditization of divorce/ DYI divorces/ mediation? What parts of the practice do you foresee will stay virtual?
Court hearings in Slovakia are being held even under this situation by person. You need to be present or appoint a legal representative.
9. What are your expectations post pandemic on family dynamics, divorce and marriage rates? What should people be adding to their prenuptial agreements post-pandemic?
The number of divorces will undoubtedly increase after the pandemic. In addition to the economy, COVID-19 will also affect families and interpersonal relationships. Stress, isolation or submarine disease will certainly take its toll. The number of suicides and divorces is already growing in the world, although this has not yet manifested itself in Slovakia, it is certainly possible to expect an increase in divorces in the future. It is clear that the decrease in the number of divorces at the time of the lockdown is related to the restriction of the activity of the courts deciding on divorce. This decline was partially completed in the second half of the year. Deferred divorce proceedings will end for the most part this year, so it can be expected that in 2021 the number of divorces will increase compared to last year. Please note that prenuptial agreement is not valid nor recognized in Slovakia. In Slovakia there are some options how to determine the special conditions in the event of the break-up of spouses, but Slovakia has unique system in this.
10. Any cultural specifics as to how people get married and the social acceptance of divorce - and the role those have played?
Marriage is a legal and social institution that forms the legislative basis for the family. In Slovakia, marriage is defined by Act no. 36/2005 Coll. on the Family and on Amendments to Certain Laws as follows: "Marriage is a union of a man and a woman. The society comprehensively protects and promotes its good.” In the traditional sense, the basic function of marriage is to establish a family. According to Slovak law, marriage can be concluded in two forms: Civil (civil) marriage is a declaration of marriage before a state authority. Marriage in any suitable place may be authorized by the registry office to which the administrative district of that place belongs. 80 Church marriage is a declaration of marriage before the authority of a registered church or religious society. The marriage takes place in a place designated by the regulations of the church or religious society for religious ceremonies or religious acts.
