1. Home
  2. Slovenia divorce

Slovenia divorce

Legal Framework

  • Family Code (FC) – came into force on 15 April 2019
  • Civil Procedure Act (CPA)
  • Non-Contentious Civil Procedure Act (NCCPA)

Competent Authority

  • District Courts: For divorces involving spouses with minor children and contentious divorces
  • Notaries: For consensual divorces of spouses without joint children

Access Requirements

For consensual divorce before notary:

  • No joint children over whom they exercise parental care
  • Both spouses must consent to the divorce
  • Must have prior agreement in form of notarial deed on property and legal consequences

For court divorce:

  • Can be initiated by one spouse or jointly
  • If consensual with minor children, spouses need to:
    • Attend counselling session at Center for Social Work (CSW)
    • Reach agreement on custody and maintenance of children
    • Have prior notarial agreements on property division, housing, and maintenance

Procedure

  1. Consensual Divorce Before Notary:

a) First phase: Spouses make three agreements in notarial deed form:

  1. Division of co-owned property
  2. Housing arrangements
  3. Maintenance for financially disadvantaged spouse

b) Second phase: Signing of notarial deed

  1. Consensual Court Divorce (with minor children):
    • Requires prior counseling at CSW à CSW record must be attached to divorce petition
    • Court verifies if agreement ensures children’s welfare
  2. Unilateral Court Divorce:
    • Can be initiated by one spouse claiming marriage unsustainability
    • Court decides on custody, upbringing, and maintenance of children (decide on child-related issues even if not requested; does not decide on property division)
Back to top