Divorce is one of the most significant family law proceedings because, in addition to ending a marriage, it often involves questions concerning parental rights, child support and division of marital property. Each case should therefore be approached carefully and with a clear understanding of the rights and obligations of everyone involved. More information about legal assistance in this area is available on our family law page.
Serbian law provides two principal ways to terminate a marriage – divorce by mutual consent and divorce by lawsuit. The appropriate procedure depends primarily on whether the spouses are able to agree on the relevant issues or whether disputed matters must be decided by the court.
Divorce by mutual consent
Divorce by mutual consent is generally the simplest and fastest way to terminate a marriage. The spouses jointly submit a proposal for divorce and must regulate the matters required by law, particularly where minor children are involved.
- exercise of parental rights
- the child's place of residence
- contact with the other parent
- child support
- other matters relevant to the protection of minor children
The court will not accept an agreement if it concludes that it is contrary to the best interests of the child. It is therefore important for the agreement to be carefully prepared and compliant with applicable law.
Divorce by lawsuit
When the spouses cannot reach an agreement, divorce proceedings may be initiated by filing a divorce lawsuit. The court then decides on the termination of the marriage and, where necessary, on disputed family-law matters connected with the divorce.
During the proceedings, the court may hear both spouses, obtain an opinion from the competent social welfare authority, examine other evidence and make decisions aimed at protecting the rights of all participants, particularly minor children.
How does the court decide on parental rights?
One of the central questions is how parental rights will be exercised after divorce. The court bases its decision on the best interests of the child and assesses all relevant circumstances of the individual case.
- the child's age
- the existing relationship between the child and each parent
- each parent's ability to care for the child
- housing and family circumstances
- the child's opinion when the statutory conditions are met
Child support
A parent with whom the child does not primarily reside will commonly have an obligation to contribute to the child's maintenance. The amount of child support depends on the child's needs and the financial circumstances of the parents and may be modified if relevant circumstances subsequently change.
Division of marital property
Divorce itself does not automatically divide marital property. The spouses may agree on the division of their property or initiate separate court proceedings if an agreement cannot be reached.
Property subject to division may include real estate, vehicles, funds, business interests and other assets acquired through work during the marriage.
How long do divorce proceedings take?
The duration depends on the complexity of the case. A consensual divorce is generally completed considerably faster, while cases involving disputes over children, property or other significant matters may take longer because additional evidence must be examined.
When should you consult a lawyer?
Legal assistance is particularly valuable when the case involves minor children, significant marital assets, business interests or an international element. Timely advice can help protect your legal position and make the proceedings more efficient. For an assessment of your case, you can contact us.
Conclusion
Whether a marriage ends by agreement or through contested proceedings, decisions made during a divorce may have long-term legal and financial consequences. Timely information and appropriate legal support can help ensure that the process is conducted efficiently and in accordance with applicable law.