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Divorce Procedure in Serbia

Updated on Monday 22nd May 2023

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Divorce in Serbia
Citizens in Serbia, whether nationals or foreigners can get married or file for divorce in respect with the Serbian Law and its provisions. The Family Law protects the rights of partnerships in a marriage, particularly the equal rights. As for divorce procedure in Serbia, this has a liberal status and can be established in the court of law. Filling for divorce in Serbia requires the legal support of Serbian lawyers, a matter where our team can help. 

The Family Law Act  in Serbia

According to the Family Law, a marriage in Serbia can be dissolved if the marital relationship is permanently disturbed and if a divorce procedure is the only solution. From a legal point of view, the divorce can be completed in two ways:
  •     through a mutual agreement of the spouses;
  •     filing a lawsuit for divorce in the court of law without a public.
If one partner leaves the relationship or if he/she is gone missing, the other one can file for divorce in the court of law. The same authorities will decide on the arrangements regarding the children of the family. 
Legal advice is essential when dealing with a divorce procedure, as the advisors can explain the rights of both spouses in Serbia. For a better understanding of how a marriage is dissolved in this country, we strongly recommend you to address to our divorce lawyers in Serbia.

The mutual agreement in Serbia

The divorce in Serbia is normally done by a mutual agreement signed by the spouses if they agree to the terms and conditions. In this sense, the arrangements regarding the children and the responsibilities involved must be outlined. Details about the domicile of the children, their education, and the periodical visits must be determined when the mutual agreement is signed. Moreover, the same arrangement must contain information about the division of the assets gained together as husband and wife. 
Would you like to know the formalities of immigration to Serbia? We have a team of experienced lawyers in this field so you can discuss all the legal aspects involved. They can help you obtain the necessary visa, work and residence permit, as well as citizenship, where appropriate. A valid passport, health insurance, proof of income, and domicile are among the documents required to obtain a residence permit.

The divorce procedure in the court of law in Serbia

It is good to know that the divorce process made through a lawsuit in Serbia is considered complicated compared to the mutual arrangements. Mediation is required in this procedure if both spouses, regardless of their nationality, are present in Serbia. We mention that divorce lawsuits may prolong for several years if the two partners do not agree on property division or child custody.

Papers and procedures for divorce in Serbia

Our recommendation is to contact one of our divorce lawyers in Serbia to take care of the necessary formalities. Regarding the application for divorce, it must be submitted to the court of the general jurisdiction, depending on the residence of the spouses involved in the process. Among the documents required in this process, we mention:
  • Marriage certificate.
  • Birth certificates of minors, if involved in marriage.
  • Specific forms will also be completed.
We specify in this case that the divorce settlement agreement for an uncontested divorce is filed if both spouses have reached a consensus in the respective separation, and here it is about custody, assets division, and alimony. If the former partners do not agree with the above regarding the divorce, the case comes to the attention of the authorities, respectively in a court of law.
On the other hand, we mention that a divorce petition, regardless of the method chosen for separation, must include information about the two spouses, custody if applicable, alimony, details about the division of assets, and the agreement established in this regard.

Representation with power of attorney in Serbia

Those interested in divorce in Serbia can opt for our lawyers who can represent them with a power of attorney. We mention in this case that the power of attorney must be certified by a notary in Serbia, but those certified by a consulate are also accepted if this act is not performed in Serbia. We remind you that you can rely on our specialists, and more precisely on our divorce lawyers in Serbia for legal representation, including power of attorney.

Uncontested divorce in Serbia

Uncontested divorce in Serbia is often the optimal solution and the fast way to the desired separation. In this case, 3 separate legal documents are prepared that contain information about the reasons for the separation, if there are minor children, how custody is done, visiting hours, and where the minor child will stay.
In most situations, minor children live with their mothers, so the divorce process is much simplified. We advise you to talk to our divorce lawyers in Serbia for more information about uncontested divorce and the legal formalities involved.

Child custody in Serbia

If the marriage dissolution involves minor children, first of all, their custody is established, and the responsibilities of the parents from an educational and financial point of view, among others. As mentioned above, the minor child or children live with their mother after the divorce, but in special cases, and with the help of a court decision, the respective minors can be raised and cared for by the father. It is also the court that decides the alimony, as well as the visiting hours. And as it is quite a sensitive subject and requires specialized guidance, we recommend the services offered by our divorce lawyers in Serbia.

Divorce rate in Serbia

The divorce rate in Serbia is approximately 1.4 per 1,000 population. Here are other interesting facts:
  • In 2021, around 32,700 marriages and 9,790 divorces were registered.
  • 44.7 is the average age for divorced husbands, while 41.2 is for wives in Serbia.
  • Around 53% of divorces involved minor children.
You can find out extra information about the divorce rate in Serbia from our specialists. We offer specialized legal advice and can represent you if a divorce in Serbia takes place in a court of law.
We suggest you discuss with our divorce lawyers in Serbia for legal support in this matter. Feel free to get in touch with our law firm in Serbia at any time.