Guide to divorce in the Republic of Serbia - everything you need to know
Divorce is one of the most important legal procedures that a person can go through, precisely because of the close connection of this procedure with an emotional element. Divorce proceedings, regardless of the reasons for breaking up the marriage, can be complex both from the legal and from the aforementioned emotional aspect. In Serbia, there are two ways of divorce, namely agreement and divorce by court,and each of the mentioned ways of ending a marriage has its own specificities.
If you are thinking about divorce in Serbia or have already made a decision, it is important to be informed about your rights, obligations and all the steps that await you, especially in terms of how to submit a request for divorce, how long the procedure takes, what happens to property and custody of children? For answers to these questions, it is advisable to consult with divorce lawyer.
In the continuation of the blog, step by step, we will present the divorce procedure from the very beginning until the end of the whole procedure.
Divorce in Serbia — legal assistance that facilitates the procedure
Divorce brings a range of legal issues — from property division and child custody to legal costs and fees. If you are facing a divorce and want professional legal support to protect your rights and interests, our team of family law lawyers is at your service.
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How to initiate the divorce proceedings?
Regardless of whether the divorce proceedings are initiated by a lawsuit for divorce or a proposal for for divorce by mutual consent, both documents must be submitted to the competent court in order to start the divorce procedure. A lawsuit for divorce, as well as a proposal for divorce by mutual consent, must have all the necessary elements and information so that the court can proceed with the case.
Bearing in mind the complexity of this legal procedure, participants in this procedure often decide to engage divorce lawyer.
If a lawyer represents you during the divorce, he must have a power of attorney notarized.
Divorce agreement
First of all, spouses have the right to divorce by concluding a written divorce agreement.This way of divorce is certainly more favorable for both spouses, for the reason that the spouses come to the most favorable solution in terms of divorce together and by agreement, thus avoiding the potential stress and complications that court proceedings for divorce bring with them.
In order for the court in Serbia to adopt the agreement on amicable divorce, it is necessary that the document contains two key items: an agreement on the exercise of parental rights, and agreement on the division of joint marital property. In practice, this means that the spouses must define precisely whether they will exercise parental rights common or will one of them have independent exercise of parental rights. The court will accept the divorce petition only if these elements are clearly stated and aligned with Family Law Republic of Serbia.
If the spouses decide that one of the parents will have independent exercise of parental rights, the amount of alimony and the way of maintaining the child's personal relationship with the other parent must also be defined within that agreement.
As for the second mandatory element, joint property, the spouses must fully define how they will distribute the joint property.
If the spouses make written proposal for amicable divorce which contains all the mentioned elements, such proposal will be submitted to the competent court. If all legal requirements are met, the court will issue a judgment on divorce based on the agreement.
One of the reasons that makes a consensual divorce more favorable than a lawsuit divorce is certainly the length of the procedure, where the divorce procedure itself is significantly shortened.
Divorce when there is no agreement – divorce by lawsuit
If the spouses fail to agree on an amicable divorce, each spouse has the right to file divorce lawsuits.
Therefore, in the process of divorce by lawsuit, the situation is different, for the reason that the procedure is initiated by a lawsuit filed by one of the spouses, usually through divorce lawyer. The lawsuit must contain all elements prescribed by law in order for the court to accept it.
In situations where there is no agreement between the spouses, the divorce is carried out through regular court proceedings, but this does not have to mean that you are waiting for a long and exhausting procedure. With professional legal assistance, this process can be clear, efficient and to the greatest extent relieved of conflicts.
Even when the other side presents its arguments, the legal team representing you knows how to protect your rights and interests, especially when parental rights and distribution of assets. An experienced lawyer will guide you through the entire process, from the preparation of documents to the final decision.
When it comes to parental rights, it is important to know that the court always decides in the best interest of the child.
Court in divorce proceedings, as a rule:
decides on divorce,
makes a decision on exercise of parental rights, (which can be joint or independent),
decides on division of joint property.
The most important thing is that you are not alone in this process. The role of the lawyer is to you protect, ensure your rights and that the procedure pass as quickly and simply as possible, without unnecessary drama and expense.
Exercise of parental rights over children and alimony
Parental rights after divorce - joint or independent?
In the divorce proceedings, one of the most important issues that must be resolved is exercise of parental rights over the common children. The court may decide that parents exercise parental rights jointly, or that right be entrusted to only one parent.
What does joint exercise of parental rights mean?
With joint custody, both parents participate equally in making important decisions for the child's life - education, treatment, place of residence, etc. All solutions must be coordinated and always managed in the best interest of the child.
What does the independent exercise of parental rights mean?
If the court decides that one parent exercises parental rights independently, that parent takes over daily care of the child. The other parent then has the right to seeing the child and the obligation to pay regularly alimony.
Alimony in Serbia - how much is it and can it be changed?
Alimony - represents the legal obligation of a parent who does not exercise parental rights to contribute financially to the support of the child.
The amount of alimony can be:
fixed amount, or
percentage of monthly income (from 15% to 50%).
Can the amount of alimony be changed?
Yes, the law allows changing the amount of alimony if there is a significant change in financial or family circumstances - for example, if a parent loses a job, gets a new job, changes in health or a child moves.
Important: Failure to provide maintenance is a criminal offense in Serbia and can have serious consequences for the parent who avoids paying alimony.
Division of the joint spousal property
There are two forms of property - separate and joint. Special property not divided in the divorce proceedings and remains the property of the spouse who owned the property even before the marriage itself.
On the other hand,
Joint property is what the spouses have earned through work during the marriage. If they do not agree on the division, the court will do so in the divorce. By law, property is divided in half, unless one spouse proves that it belongs to him most of it – for example, due to higher incomes, childcare or housekeeping.
Finally, it should be mentioned that spouses or future spouses can arrange their property relations marriage contract.. This contract must be drawn up and certified in a special notarial form, and is particularly important because it excludes the previously mentioned legal regime of joint property.
In addition to this contract, spouses can conclude contract on the management and disposal of joint property,which precisely defines the method of management and disposal of all joint property or its parts. If the spouses decide to enter into one of the mentioned contracts, it can be a favorable circumstance in the case of a potential divorce, as it avoids uncertainty regarding the distribution of the spouse's property.
Rights and obligations of spouses after divorce
Divorce is a legal process that greatly changes the previous life course of the spouses. Divorce is also a court procedure that continues to produce legal consequences even after its termination, which was largely discussed previously, especially in the form of the obligation to provide alimony, as well as in terms of consequences related to the joint property of the spouses.
What should be additionally mentioned as a potential obligation of one of the spouses is providing maintenance to the ex-spouse as well, if the court determines that the spouse does not have enough means for support, and is unable to work or unemployed. This type of support for the ex-spouse after the termination of the marriage cannot last longer than 5 years, but exceptionally it can be extended even after the expiration of this period if particularly justified reasons prevent the spouse from working.
In addition to the above, a spouse who changed his or her last name upon marriage may, within 60 days from the date of termination of marriage, take the last name he had before the marriage.
Finally, it should be emphasized once again that divorce is not only a legal formality, it also represents a new beginning, as well as a process that requires patience, understanding, and a clear strategy. Regardless of whether you are going through an amicable or judicial divorce, it is crucial that you are well informed and make decisions that will be in your best interest in the long run.
Although this legal process can be seen as a hindrance and inconvenience, it exists to protect both the rights of both parties and the rights of the children. A good one divorce lawyer It can make the process easier for you and help you avoid unnecessary complications. However, apart from the legal regulations and the court decision itself, the human side of the entire procedure must not be forgotten - the emotional consequences as well as the reorganization of everyday life in order to adapt to the new reality.
If you're at the beginning of this journey, don't look at divorce as the end, but as an opportunity to build a more stable and happy future. The first step towards this is understanding your rights and options, and we hope that this guide has helped you to make that first step safer and to take it with full confidence.
FAQ
1. documentation for divorce
Divorce documentation differs depending on whether it is an amicable divorce or a legal divorce, as well as whether the spouses have joint children and assets. In any case, a marriage certificate is required for spouses, as well as birth certificates for children. In addition to the above, it is necessary to attach documentation on joint assets of the spouses, if any.
2. Divorce costs
Bearing in mind that the marriage is always dissolved before the court, regardless of whether it is a consensual divorce or a divorce by lawsuit, the court is the one that determines the court fees for the divorce.
3. Can the divorce be done without coming to Serbia?
Yes, it is possible. Especially if it is a consensual divorce. Your Divorce Lawyer can sign and prepare all documentation for you.
