Slovakia - Obtain a Divorce Certificate

ProcedureEdit

Petitions for divorce, marriage annulment or declaration to the effect that the marriage has never come into existence shall be lodged with a district court.

A court having territorial jurisdiction is the court in whose area of jurisdiction the spouses had their latest common residence in the Slovak Republic, if at least one of them resides in the area of jurisdiction of the court. If no such court exists, the general court of the respondent has jurisdiction, or if no such court exists either, the general court of the petitioner.

The petition must fulfil the formalities set out in the Code of Civil Procedure (Sections 42(3) and 79(1)).

In the petition it must be stated to which court it is addressed, who is the petitioner, which matter it concerns and what is the purpose pursued; it must be signed and dated. In addition, the petition must state the first names, family names and places of residence of the parties (and their representative, if they have one), their nationality, a faithful description of the key facts and a list of the evidence the petitioner intends to rely on; the petition should also make it clear what the petitioner is seeking.

The petitioner must attach to the petition the documentary evidence on which he/she relies, except for those documents that cannot be attached through no fault of his/her own.

The petition must be submitted with the right number of copies and annexes, so that the court keeps one copy and each party receives a copy as necessary. If the party fails to provide the right number of copies and annexes, the court makes copies at the his/her expense.

To obtain your divorce certificate, you will need to contact the court having territorial jurisdiction where your divorce was filed. Registry staff at the court location you contact will be able to assist you.

To request the divorce certificate by mail, please include a letter with pertinent information regarding your divorce, your mailing address, telephone number, a cheque or money order payable your Regional Court in Slovakia and mail it to the applicable court registry.

If you are unsure of the location where your divorce was filed, your best course of action would be to contact the Regional Courts in Slovakia. They will not be able to provide you with the document, however, they will be able to confirm at which registry your divorce was filed.

Required DocumentsEdit

Marriage certificate
Birth certificate(s) for a child (children)
Documentary evidence of the income of both spouses
Documentary evidence or other evidence (e.g. proposing witness testimony) as to the cause of the broken marriage
Documentary evidence on expenses for minor children and the household
And other documents

Office Locations & ContactsEdit

Contacts for Regional Courts in Slovakia

EligibilityEdit

Each party to a divorce suit, which has taken place before Slovakian courts, may apply for an additional copy of the divorce decree. The original decree is normally delivered to each party provided the address is known. Additional copies of divorce decrees are subject to fees.

FeesEdit

Explain the fees structure which is required for obtaining the certificate/document.

ValidityEdit

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to UseEdit

Please attach documents that can be used by people. e.g. links

Sample DocumentsEdit

Please attach sample completed documents that would help other people.

Processing TimeEdit

Six to eight weeks is the normal time required to obtain public documents after the application has been submitted.

InstructionsEdit

A divorce proceeding commences with a petition for divorce. Spouses may jointly agree to submit such petition for divorce with one spouse named as the petitioner and the second as respondent. A petition for divorce can also be submitted without agreement between the spouses and against the will of one of the spouses. The court always reviews the individual causes of the break in the marriage regardless of if the petition was submitted with or without the consent of the other spouse.

The court may decide to dissolve the marriage via divorce upon petition from one of the spouses if one of the basic conditions is breached: specifically if the marriage is deeply and permanently broken and it is impossible to expect that any return to marital cohabitation. The court will review the fulfilment of this condition in the divorce proceeding and take into account all causes that led to the break of the marriage. The dissolution of a marriage via divorce is only permissible in justified cases, meaning that the court will not dissolve a marriage without sufficient grounds to do so.

A marriage can be dissolved via divorce even when the spouses have minor children. Such divorce in Slovakia involves the obligatory definition of custody of such minor children. The best interests of the children are always considered during divorce. During the actual divorce you must think about how to settle your property with your spouse after the divorce as the divorce ruling may be decisive during the settlement of common property.

Required InformationEdit

Definition of the court with jurisdiction to hear the divorce,
Precise definition of both spouses (first and last name, date of birth, residence and citizenship)
Definition of when and where the marriage was entered into and where the marriage is registered,
Identification of if the marriage produced minor children or not,
Most recent place of marital cohabitation,
Cause for the break in the marriage, evidence must be presented,
Relief requested in the petition for divorce,
The incomes of both spouses (if the divorce also involves children)
Date and signature.

Need for the DocumentEdit

A Divorce Certificate contains basic information about the husband and wife along with the date and place the where marriage ended. Certified copies of a Divorce Certificate are official copies issued by court on the state or County level.

Only courts have the authority to issue rulings in matters involving divorce. The court with jurisdiction to rule on divorce and define custody of minor children is defined pursuant to the provisions of Section 88 of the Code of Civil Procedure. If the divorce involves foreigners, the legal regulations of the European Union or the Act on International Private and Procedure Law are applied.

A petition for divorce must be formulated in a precise and clear manner so that the court can issue a decision.

Information which might helpEdit

If your divorce application is successful, the Court will grant a divorce order. The order becomes final one month and one day after it is made, unless it is shortened by order of the Court.

Once the divorce order becomes final, the Court will send a divorce order to you and your spouse individually, or to your lawyer if you have one.

External LinksEdit

http://ec.europa.eu/civiljustice/divorce/divorce_svk_en.htm#11.

https://ficek.sk/law-firm-slovakia/divorce-in-slovakia.html

http://www.justice.gov.sk

OthersEdit

A petition for divorce (in particular with regards to the relief requested in the petition) must be formulated in a clear and precise manner. Common errors committed by spouses who don't consult with a lawyer include incorrectly formulating the petition for divorce, omitting required documents and other formal errors. An incorrectly formulated petition for divorce may mean that your divorce will actually take several months longer than you expected.