{"id":40126,"date":"2022-05-05T11:45:00","date_gmt":"2022-05-05T09:45:00","guid":{"rendered":"https:\/\/zuniclaw.com\/12-faqs-about-divorce-in-serbia\/"},"modified":"2025-04-17T10:01:38","modified_gmt":"2025-04-17T08:01:38","slug":"faq-about-divorce-in-serbia","status":"publish","type":"post","link":"https:\/\/zuniclaw.com\/en\/faq-about-divorce-in-serbia\/","title":{"rendered":"12 FAQs about Divorce in Serbia"},"content":{"rendered":"\t\t
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The number of divorces in the Republic of Serbia is growing every year. Statistic reports show that in 2019, 10,899 marriages were divorced, which is a 9% increase compared to the previous year. [1] The results for 2020 are yet to be seen, however, based on the current divorce \u201ctrend\u201d, and keeping in mind that the majority of 2020 was marked by the COVID-19 pandemic, the media have already guessed that the percentage of divorces is going to increase than ever before.<\/p>

Undoubtedly, divorce takes a toll on the mental and emotional well-being of both spouses. Moreover, navigating the legal intricacies of divorce often poses numerous uncertainties for individuals. In this blog post, we address some of the most frequently asked questions from clients in practice. Perhaps you’ll discover answers to questions you’ve already been pondering but haven’t yet found clarity on.<\/p><\/div><\/section>

1. How to Get Divorced in Serbia, and Are There Any Reasons Prescribed by the Law That Allow\/Disallow Divorce?<\/h2><\/div>

The Family Law of the Republic of Serbia prescribes that divorce can be contested and uncontested<\/a>. In any of the two, each partner is entitled to a divorce, if the marital relations are seriously and permanently shaken, or if objectively, partners cannot be together anymore.<\/p>

Hence, the court will not deny a divorce solely because one partner has failed to outline the reasons why they cannot sustain their relationship. This is because the court does not ascertain the extent to which marital ties have been significantly and irreparably strained, nor does it investigate the underlying causes. Therefore, the court does not assign blame for the divorce, contrary to past practices.<\/p><\/div><\/section>

2. Is It Possible to Complete an Uncontested Divorce Before the Notary Public?<\/h2><\/div>

Although this possibility was long announced in the media, the Notary Public Law of Serbia does not foresee the possibility of getting divorced this way, meaning that the courts are still authorized to divorce someone in the Republic of Serbia. Still, when it comes to an uncontested divorce, the partners can solve a part of the matter before the notary public. Particularly, the agreement on joint property division. However, if the partners already have concluded a prenuptial or nuptial agreement<\/a>, which regulates the matters of property division, the divorce proceeding itself is a lot simpler and faster.<\/p>

In addition to this novelty, there is an increasingly prevalent emergence of online divorces<\/a> worldwide. However, you still cannot get divorced online in Serbia.<\/p><\/div><\/section>

3. How To Get a Divorce if I Don\u2019t Know Where My Partner Currently Lives?<\/h2><\/div>

It is not rare that partners separate, after which one of them moves to a different country, or different address, without informing the other. In that case, it is often impossible to deliver a lawsuit, as well as other motions to the individual whose address is unknown, which is actually a prerequisite for continuing the divorce proceedings.<\/p>

The Civil Procedure Law has prescribed the possibility of appointing a temporary representative in such instances<\/strong>.<\/p>

So, in case it turns out that the permanent or temporary residence or of the defendant is unknown, as well as in case the defendant, who does not have a legal representative, is abroad, and delivery could not be made, the defendant may be appointed a temporary representative for the divorce proceedings.<\/p><\/div><\/section>

4. Can You Get a Divorce in Serbia if the Marriage Was Concluded Abroad?<\/a><\/h2><\/div>

The answer to this question is a bit more complex. The first prerequisite for a divorce of a marriage concluded abroad is to check whether the marriage exists in the Marriage Registry of the Republic of Serbia (hereinafter: \u201cthe Registry<\/strong>\u201d).<\/p>

In case the marriage exists in the Registry, you move on to the next prerequisite. The court in the Republic of Serbia is authorized to divorce someone if:<\/p>