Divorce in Slovakia
1.1 What are the grounds of jurisdiction for divorce proceedings? For example, residence, nationality, domicile, etc.?
There is a general jurisdiction rule for divorce, legal separation and marriage annulment in article 3 of the Brussels II bis Regulation, which provides jurisdiction in the following cases:
■ the spouses are habitually resident in Slovakia;
■ the spouses were last habitually resident in Slovakia, insofar as one of them still resides there;
■ the respondent is habitually resident in Slovakia;
■ in the event of a joint application, either of the spouses is habitually resident in Slovakia;
■ the applicant is habitually resident in Slovakia if he or she resided there for at least a year immediately before the application was made; or
■ both spouses are Slovak citizens.
Further, in case the Brussels II bis Regulation does not apply, based on article 38 of the Slovakian Private and Procedural International Act, Slovak courts have jurisdiction where at least one of the spouses is a Slovak citizen.
1.2 What are the grounds for a divorce?
Based on the Slovakian Family Act, there is only one ground for divorce: when the relations between the spouses are so seriously and permanently damaged that the marriage cannot fulfil its purpose and the spouses cannot be expected to resume marital cohabitation. There is no required period of separation according to the law. In divorce proceedings, the Slovakian divorce judge attempts to understand the reasons of the divorce from each of the spouse’s viewpoints and attempts to reconcile them before resorting to divorce, especially when there are children involved.
1.3 In the case of an uncontested divorce, do the parties need to attend court and is it possible to have a “private” divorce, i.e. without any court involvement?
In Slovakia, only the court can grant a divorce, and in each case a court hearing is scheduled for this purpose. Even when both spouses claim they both want to divorce, their involvement is still necessary, one of the reasons being that the court has a duty to try to reconcile the spouses before granting a divorce.
1.4 What is the procedure and timescale for a divorce?
There is no minimum or maximum timescale for a divorce, nor any other limitation within the procedure provided by statute.
The procedure is similar to other family cases, meaning it is a non-adversarial proceeding and fully within the discretionary power of the judge.
1.5 Can a divorce be finalised without resolving other associated matters? For example, children and finances.
Both yes and no. In case there are any children from the marriage, it is obligatory to process the divorce together with the children regime to be put in place after the divorce. Divorce without resolving on the parental rights to the common children of the marriage is not possible.
Resolutions on property are made after the divorce in all cases. According to article 100 of the Civil Procedure Code for Non-adversarial Procedures, divorce proceedings must include proceedings on the adjustment of the relations between the spouses and their minor children for the time after the divorce.
1.6 Are foreign divorces recognised in Slovakia?
Depending on the country in which the divorce decision was issued, it is necessary to proceed either in accordance with the Slovakian Private and Procedural International Act or according to the Brussels II bis Regulation (in case of decisions on matrimonial matters issued in EU Member States other than Denmark).
According to article 21 of the Brussels II bis Regulation, divorces granted in other Member States are recognised without any special procedure.
According to article 67 of the Slovakian Private and Procedural International Act, a foreign decision on divorce issued outside the EU Member States can only be recognised by a special statement of a Slovak court. The proposer is obliged to attach to the proposal:
(a) the original or an officially certified copy of the foreign decision in full;
(b) confirmation from the competent foreign authority of the validity or enforceability of the foreign decision or that the decision can no longer be challenged by a proper appeal;
(c) documentary evidence; and
(d) officially certified translations of attached documents into the Slovak language.
1.7 Does Slovakia allow separation or nullity proceedings?
Yes, there are proceedings for annulment or non-existence of marriage allowed and specifically recognised by the Civil Procedure Code for Non-adversarial Procedures.
The Family Act states that the marriage does not arise (absence of marriage) or the marriage is invalid (annulment of marriage) if the declaration of marriage was:
(a) made by force;
(b) made by a minor under the age of 16;
(c) made before a non-competent registry office, with some exceptions;
(d) made in front of a church or religious society that is not registered according to a special regulation, or if the declaration of marriage was made in front of a person who was not authorised to perform the activity of a spiritual registered church or religious society;
(e) made abroad before an authority not designated for that purpose; or
(f) made by a representative without a valid power of attorney or whose power of attorney has been revoked.
A marriage that is contrary to the Family Act is invalid if there are no legal exceptions justifying that it should be valid. The prohibitions set by the Family Act, the violation of which constitute the annulment of marriage, are as follows:
■ marriage cannot be entered into by a married man or a married woman;
■ marriage cannot be entered into between ancestors and descendants and between siblings;
■ a minor cannot marry a minor;
■ marriage cannot be entered into by a person deprived of legal capacity; and
■ the marriage is void if the declaration of marriage has not been made freely, seriously, definitively and intelligibly.
1.8 Can divorce proceedings be stayed if there are proceedings in another country?
It depends on the kind of proceedings. There are some proceedings (other than divorce proceedings) that might be a condition for the divorce proceedings and so the latter will be stayed until a final decision is made on the former. The Brussels II bis Regulation also applies in this regard.