Divorce Lawyer Slovakia – Parental rights

The Slovak legal system does not recognize the dissolution of marriage by mutual agreement between spouses. A marriage can only be dissolved by a court through divorce and only in justified cases, where the relationship between the spouses is so severely disrupted and irreparably broken that the marriage can no longer fulfill its purpose, and there is no expectation of the spouses resuming marital cohabitation.

The divorce petition is submitted by one of the spouses. The court delivers this petition to the other spouse for a response, and after determining the causes of the marital breakdown, the court makes a decision. In its decision, the court always considers the best interests of minor children. The court responsible for the divorce proceedings is the one in the jurisdiction where the spouses had their last common residence.

The divorce of spouses affects not only their lives but also, to a great extent, the lives of their children. Therefore, the court ensures the arrangement of parental rights and responsibilities for the period after the divorce, which is part of the divorce decision.

Divorce proceedings are thus linked with proceedings regarding the adjustment of parental rights and responsibilities toward their minor children after the divorce. Parents of a minor child who are no longer living together can agree on the adjustment of parental rights and responsibilities in a so-called parental agreement. However, this agreement must be approved by the court. If no agreement is reached, the court will determine the parental rights and responsibilities based on the evidence presented.

A parental agreement is a document that regulates the relationship between parents and their children after divorce or separation and outlines how the parents will raise their children. This agreement can address various matters on which the parents agree, including:

These reasons are just a foundation for a parental agreement, but parents have the freedom to regulate other matters as they see fit. For example, they may agree on issues such as the obligation to inform the other parent, travel abroad, arrangements for illness, or handling unexpected expenses related to the child. It is up to the parents to decide what matters they need to address to create a suitable environment for the child’s development.

A parental agreement must always consider the child’s best interests. The law favors parents reaching an agreement, which the court will approve, but this is not guaranteed. If the agreement violates the fundamental rights of the child or fails to respect the child’s relationship with both parents or their interests, the court may not approve it.

According to § 24(4) of the Family Act, “When deciding on the exercise of parental rights and responsibilities or approving a parental agreement, the court respects the minor child’s right to maintain a relationship with both parents and always takes into account the child’s best interests, particularly their emotional ties, developmental needs, the stability of the future upbringing environment, and the parent’s ability to agree on the child’s upbringing and care with the other parent.”

A parental agreement proposal must include a detailed description of the factual circumstances, clearly showing that the agreement is in the best interests of the minor child. The proposal must be accompanied by the children’s birth certificates and the signatures of both parents, indicating their consent to the entire agreement.

It is important to be cautious about agreements made between parents that have not been approved by the court. Such agreements may be valid between the parents, but they are not legally enforceable. This could result, for example, in the inability to enforce child support payments. Once the parental agreement is approved by the court, it becomes part of the divorce decision.

When deciding on the exercise of parental rights and responsibilities or approving a parental agreement, the court respects the minor child’s right to maintain a relationship with both parents and always considers the child’s best interests. This includes factors such as emotional ties (relationships with parents, relatives, friends), developmental needs (age, educational and extracurricular needs), the stability of the future upbringing environment (living conditions, financial security, personality traits of the parents), and the parent’s ability to agree on the child’s upbringing and care with the other parent. The court ensures that the child’s right to be raised and cared for by both parents is respected, as well as the child’s right to maintain regular, equal, and fair personal contact with both parents. It is not necessary for the child to spend exactly half of the time with one parent and the other half with the other parent.

If one of the parents proposes a change to the approved parental agreement, they must demonstrate a significant change in circumstances compared to the original agreement.

Reaching a parental agreement is a great advantage for spouses, but it does not mean that the agreement is final and unchangeable. According to the Family Act, such an agreement can be modified, either with or without a formal request, when circumstances change. This ensures that neither parent is disadvantaged by unforeseen changes.

As of January 1, 2023, joint physical custody by both parents is possible, and this applies to unmarried parents as well. “If both parents are capable of raising the child, and if both parents are interested in joint physical custody and agree to it, the court may place the child in the joint physical custody of both parents, provided it is in the child’s best interests and the child’s needs will be adequately met.” (§ 24(2) of the Family Act).

If the court grants joint physical custody to both parents, it may approve the parents’ agreement on child support or may decide that no child support will be determined during the period of joint physical custody.

This provision was introduced by the amendment to the Civil Litigation Code, which also implemented other changes, including:

Whether based on a parental agreement or by its own decision, the court may place a child in the personal custody of both parents – known as alternating custody. The condition for this arrangement is that both parents must be capable of raising the child and must express an interest in such custody. However, the court’s primary consideration is the child’s best interests. The court will assign alternating custody only if it ensures better living conditions for the child (e.g., the child will not have to travel long distances between the parents’ homes, among other factors).

Since proceedings regarding the adjustment of rights and responsibilities toward minor children involve a conflict of interest between the parents and the children, the court appoints a guardian ad litem – a worker from the Office of Labor, Social Affairs, and Family. The guardian ad litem may conduct investigations at the parents’ residences or the location where the child will live if placed in the personal custody of one of the parents. The guardian may also (in a manner appropriate to the child’s age, health, etc.) ascertain the child’s opinion and preferences. The specific actions taken depend on the assessment of the guardian ad litem and the court, but participants in the proceedings may propose actions as part of the evidence-gathering process.

According to case law, the court primarily determines which parent is more capable of providing personal care for the child, considering the child’s best interests. If one parent expresses interest in alternating custody, the court must assess whether such an arrangement is in the child’s best interests. The other parent’s opposition is relevant only if it is based on reasons that could significantly and negatively affect the child’s welfare.

It is important to note that property settlement is not addressed during divorce proceedings. The settlement of property is only dealt with after the divorce proceedings are finalized (i.e., after you are officially divorced).

If you need representation in divorce proceedings or later in the settlement of joint marital property, feel free to contact us at: office@akmv.sk.

If you divorced abroad, we recommend having the foreign divorce decree recognized in Slovakia.

According to § 65 of Act No. 97/1963 Coll., “Foreign decisions in matters of marriage and in matters of determining (establishing or denying) parentage, if at least one of the parties is a Slovak citizen, and foreign decisions in matters of child adoption, if the child or at least one of the adoptive parents is a Slovak citizen, as well as foreign decisions on limiting or depriving a Slovak citizen of legal capacity, are recognized in the Slovak Republic, provided there are no obstacles under § 64 letters b) to f).”

The community property of spouses is a specific arrangement for a property relationship where there are no precisely defined shares of co-owners (spouses). In addition to things that have been gathered (for example, donations or gifts) it includes everything they have earned during the marriage.

After the marriage is over, it is necessary to settle the property belonging to the community property. The settlement of the community property that the spouses have to deal with after the divorce in Slovakia is quite a complex process. Our Law Firm has experience and knowledge in these areas of Law.