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Divorce in Slovakia, filing an application for divorce
Particulars of the divorce proceedings in Slovakia Particulars of the divorce proceedings are governed by Act no. 99/1963 Coll. of...
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Settlement of Property After Divorce in Slovakia
The settlement of community property (BSM), asset division, and many other difficulties that spouses must address after divorce represent a more challenging process. Our law firm has extensive experience and knowledge in these areas of law, allowing us to provide you with high-quality support during these situations.
Hourly rate 120 €
Plus a 3% fee based on the value of the property
7 days
Drafting the agreement, representation in court
Joint marital property (BSM) refers to a specific arrangement of property relations where there are no precisely defined shares between the co-owners – the spouses. Apart from assets acquired through gifts or inheritance, everything acquired during the marriage falls under this category.
What we provide for you:
- Comprehensive legal services and advice
- Drafting of a proposal to terminate joint marital property during the marriage
- Preparation of a proposal for the court
- Advice and assistance with the settlement of joint marital property during divorce
- Assistance in drafting a settlement agreement
Joint marital property (BSM) refers to a specific arrangement of property relations where no precise shares are defined between the co-owners – the spouses. With a few exceptions (such as inherited or gifted items), it includes everything that can be owned and was acquired by either spouse during the marriage.
Joint marital property (BSM) is closely tied to marriage. For serious reasons, particularly if maintaining BSM would go against good morals, the court can terminate it during the marriage upon the request of either spouse. The court will also terminate joint marital property if one spouse acquires authorization for business activities. The spouse who did not obtain such authorization may file the request. If both spouses have business authorization, either can file.
Upon the dissolution of marriage, BSM terminates, and the property must be settled. The Civil Code outlines three main methods for settling BSM:
- By agreement: This is the most advantageous option in terms of time and cost, and it does not require court approval. However, if real estate is involved, the agreement must be in writing according to the law. You can read more about settlement agreements in our article.
- By court decision: If an agreement cannot be reached, a court can decide the settlement. The court assesses the extent and value of the BSM property, often requiring expert opinions, which can take time and involve significant costs.
- By operation of law: If, within three years of the dissolution of the marriage, the BSM is not settled by agreement or no proposal is submitted to the court, the law will apply. In such cases, movable property that each spouse uses exclusively for their personal, family, or household needs is considered to be settled according to their use. All other movable property and real estate will be considered co-owned, with both co-owners having equal shares. The same applies to other joint property rights of the spouses.
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