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Divorce in Croatia - COST-FRIENDLY

Divorce Procedure in Croatia

Updated on Friday 25th February 2022

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divorce procedure in croatia.jpgA Croatian divorce decree is an affirmative judgment for divorce applications. The divorce procedure in Croatia is governed by the Family Act. Under the law, divorce is one method of terminating the marriage. The union is terminated upon the effectiveness of the judgment rendered by the court. The court that has jurisdiction over divorce cases is the Family Court of Croatia. Our lawyers in Croatia can represent you in your divorce case.
 

Grounds for divorce in Croatia

 

Although allowed in the country, couples cannot simply go to court and apply for Croatian divorce. First of all, either spouse can apply for a divorce or both of them can apply together for a consensual divorce.  The court will then study the application and will only grant a divorce if it finds that:
 
  • the marriage is deeply and irreversibly damaged and it cannot be saved;
  • both spouses have been living separately for more than one year or what is known as de facto separation;
  • both spouses have mutually agreed to end the marriage;
  • there are no children involved, therefore, no legal complications from this point of view.
 
If you think that you are covered by any of these grounds, our attorneys in Croatia can help you apply for divorce.
 

Conciliation procedure for divorce in Croatia

 
After application, the couples do not immediately undergo the divorce procedure in Croatia. They must first undergo a conciliation procedure. When a suit or a consensual application for divorce is filed, the court will refer the couples to their preferred marriage counselor and have them undergo counseling. This is to ensure that all measures are taken in order to resolve any marital disputes. It is the counselor’s job to determine the cause of the marital dispute and try to resolve it. The counselor’s other objective is to educate a couple of the psycho-social effects of divorce. Our law firm in Croatia can inform you further about the conciliation procedure.
 

Maintenance of a spouse during divorce in Croatia

 
Either spouse can ask the court for maintenance during the entire divorce in Croatia. Maintenance means the giving of support for the day to day needs of the applicant spouse. The applicant must show that he/she does not have the means needed for daily life. Our Croatia lawyers can help you apply for maintenance in court. Legal representation is offered from the start of our collaboration.
 

How are the properties divided in a divorce in Croatia?

 
The civil procedure regulations are applicable to the cases in which there is a disagreement regarding the properties in a marriage. This means that a civil termination is applicable, where the real estate properties are sold to share the money. As for the movable assets involved, these can be separated in equivalents through payment or ownership. Instead of complicated things, you can discuss all the aspects with one of our divorce lawyers in Croatia.
 

Parental agreements in a divorce

 
The court proceedings are often the solution for the cases in which the parents did not respect some agreements. Child support, child care, and related matters are involved. The complex proceedings might prolong because Croatia aligns with the international legislation. This aims to protect the children’s rights in the case of parental divorce. The children are part of the divorce proceedings in Croatia and they can be heard in the court of law. They can be accompanied by the parents and a special representative who will act in the best interest of the minors. We invite you to get in touch with our Croatian attorneys. Find out information about the divorce proceedings involving minor children.
 

Can I appeal a divorce decision in Croatia?

 
According to the Family Proceedings Act in Croatia and the Civil Procedure Act, appealing a divorce verdict is permitted. This means that both parties involved in the process may do so. 
 

Recognition of foreign judgments in a divorce

 
The enforcement of judgments in a divorce procedure in Croatia can be recognized by other member states of the EU as stipulated by the Regulation Brussels. There are no particular requirements for a civil status in a divorce or a marriage annulment made by a foreign country, other than Croatia. We remind that foreign citizens living in Croatia can file for a divorce in respect with the legislation applicable.
 
 

Legal aid for divorce procedure costs

 
According to the Free Legal Aid Act, individuals can apply for legal aid and fee exemptions for family-law proceedings, including a divorce. Persons who can qualify for this type of aid are mostly the ones who cannot afford the costs for such proceedings. Several documents showing their financial status should be sufficient at the time of the application for legal aid. We remind that a legal support in this matter is mandatory and you should talk to our team of lawyers in Croatia.
 

Family matters and the divorce procedure in Croatia

 
The divorce procedure in Croatia implicates several important life aspects that must be attentively analyzed right from the start. Child custody is highly important, and the court of law will decide what’s best for minors involved in this situation. Child support, visiting hours, and deciding on different aspects that involve the minor enter the attention of both parents. Also, support for one of the spouses during the divorce process in Croatia can be discussed at the time the divorce is filled. These family aspects are also mentioned by the Family Law in Croatia, a set of legislation well-known by our Croatian lawyers.
 

Divorce evidence accepted

 
There is a lot of evidence that can support divorce if any. If one of the spouses does not agree with the reasons for the separation, the other spouse can provide evidence. These include:
 
  • Photo and video materials.
  • Bank statements.
  • Social worker reports.
  • Witness statement.
  • Other relevant documents solicited by the Croatian authorities.
 

Do I need to come to Croatia for a divorce?

 
Croatian law does not require the presence of spouses for divorce unless minor children are involved. If there is no agreement on custody and other related matters, the presence of the parents is mandatory in the divorce process. You can discuss more about this topic with our divorce lawyers in Croatia.
 

Divorce in Croatia, recognized in EU countries

 
Croatia aligns with European Union laws and regulations. Thus, divorce established in Croatia is also valid in EU countries. In this regard, the authorities can provide a European form attesting to the divorce obtained in Croatia. Details on the recognition of divorce in Croatia can be found at our specialists.
 

Temporary measures during divorce

 
Depending on the complexity of the divorce process, the court may impose certain rules or restrictions. It may be necessary for the child to live with the mother before the final sentence. Also, one of the parents can already start paying alimony. The case judge is the one who can impose various measures meant to protect the family and especially the minor children.
 

Mediation before divorce in Croatia

 
Authorities in Croatia strongly recommend mediation before a divorce. This method can save the marriage if the disputes can be resolved through mediation. Also, a family mediator can be essential for the implications of a divorce, namely the division of property, child custody, alimony. You can learn more about divorce and mediation from our Croatian lawyers.
 

Other family aspects settled at the divorce

 
There are many things to consider when it comes to divorce. The focus is on child custody if there are minors resulting from the marriage. Establishing the residence of the little ones, paying the alimony, parental obligations are some of the important aspects. Also, the details regarding the management of possible conflicts with minors will be established. Joint custody is important for the healthy growth of the child. Authorities treat cases of divorce or separation involving minor children with the utmost seriousness. We are waiting for your questions if you want legal advice from our lawyers in Croatia.
 

How long can the divorce process take in Croatia?

 
Depending on the complexity, the divorce process in Croatia can take between 6 months and 3 years. What causes the proceedings to be delayed is the disagreement over the division of assets and custody. Also, the spouses are obliged by law to participate in specialized counseling in order to finalize the custody agreement and the division of assets. Therefore, there are cases in which it is not enough just 6 months or a year to be able to fall on a common denominator in divorce.
 
We invite you, therefore, to talk to us and benefit from full legal advice. You will be able to have a correct, fast divorce, with permanent communication.
 

Divorce in Croatia in numbers

 
Croatiaweek.com recently presented some facts and figures about marriage and divorce in the country:
 
  • More than 6,000 marital dissolutions were registered in Croatia in 2018.
  • The average marriage in Croatia rate is 14,9 years, according to the statistics presented.
  • The record divorce rate in Croatia was registered in 2016, with more than 7,000 separations.
 

FAQ about the divorce procedure in Croatia

 
1. How do I file for divorce in Croatia?
The divorce procedure is filled in the court of law, helped by a Croatian lawyer. A reconciliation procedure is offered in the first place, and if spouses cannot solve the marital disputes, the divorce process is commenced.
 
2. Can I appeal the divorce decision in Croatia?
Yes, a divorce verdict can be appealed in Croatia. You can discuss all the legal terms related to this kind of procedure with one of our lawyers in Croatia.
 
3. How is the asset distribution made in a divorce in Croatia?
Normally, both spouses must agree on the allocation of common properties. If this is not possible, the court of law dealing with the divorce procedures will intervene in this case.
 
4. Who receives child custody after a divorce in Croatia?
Minor children are protected by the Family Law in Croatia after a divorce procedure. Normally, parents have joint custody of minors, meaning that both spouses must act in the best interest of the children. The court of law will decide the domicile and visitation programme.
 
5. Is the divorce in Croatia acknowledged in another EU country?
The issuance of a European form can be requested by divorced spouses. This can be used in any EU country. Feel free to talk about divorce in Croatia with our specialists and find out more on this topic.
 
6. Do I need to come to Croatia for the divorce procedure?
There is no obligation for one of the spouses to be present in Croatia for the divorce process if they are legally represented. However, if spouses do not agree on the division of common assets or child custody, the case gets complex and the presence of spouses in Croatia is required.
 
7. How long does it take to get a divorce in Croatia?
A divorce procedure in Croatia might take between 6 months and 3 years, however, it might prolong if minors are involved and parents need to agree on child custody and support. Feel free to discuss all the legal aspects with our Croatian lawyers.
 
8. Is marriage annulment possible in Croatia?
Yes, if one of the spouses was minor at the time the marriage took place, the annulment is possible and required. Forced marriages can be canceled in Croatia.
 
9. What are the grounds for divorce in Croatia?
Infidelity, a damaged marriage, or separation of spouses for more than one year can stand at the base of filing a divorce in Croatia. Mental illness can also be a cause for a spouse to file for divorce in Croatia.
 
10. Are foreign judgments recognized in a divorce procedure in Croatia?
Yes, foreign judgments in a divorce procedure in Croatia are recognized. Yet, more details in this matter should be entirely discussed with one of our Croatian lawyers.
 

Choosing our divorce lawyers in Croatia

 
We have a dedicated team of lawyers with experience in divorce cases in Croatia. Our specialists can be hired for a wide range of legal services related to separation and divorce. It is important to note that each spouse can be represented by a lawyer in Croatia throughout the entire divorce procedure. Working with professionalism, efficiency and confidence is important for us when dealing with our customers. We want to provide the best possible results, no matter the presented case. A divorce in Croatia might get complex and time-consuming if spouses do not agree on separation, division of assets, and child custody. Therefore, legal representation is highly recommended.
 
 
The divorce process can be very complicated. Just get in touch with our lawyers in Croatia and let them assist you with the legal issues of divorce in Croatia.