Divorce with a foreign national or abroad

01When a Slovak court can decide

Under EU Regulation 2019/1111 (Article 3), a Slovak court can decide on a divorce, for example, where:

• both spouses are habitually resident in Slovakia,
• they were last habitually resident here together and one of them still lives here,
• the spouse against whom the petition is directed is habitually resident in Slovakia,
• the petitioner has lived here for at least 1 year before filing the petition,
• the petitioner is a Slovak citizen and has lived here for at least 6 months before filing the petition,
• both spouses are Slovak citizens – even if they live abroad.

Habitual residence is the place where a person actually lives – not the permanent residence recorded in an identity document. If more than one country has jurisdiction, the court where proceedings were started first decides.

02Under which law

Slovakia does not participate in the EU Rome III Regulation on the law applicable to divorce. A Slovak court therefore proceeds under Section 22 of the Act on Private International Law and the Rules of International Procedure:

• if both spouses are citizens of the same country, the law of that country applies,
• if they are citizens of different countries, Slovak law applies,
• if the foreign law does not permit divorce or makes it very difficult, and at least one spouse is habitually resident in Slovakia, Slovak law applies.

A Slovak court can therefore also grant a divorce under foreign law – for example, two Czech citizens living in Bratislava under Czech law. A court in another EU Member State may apply different rules, so it is worth comparing the options before the petition is filed.

03Recognition of a foreign divorce

• from another EU Member State (except Denmark) – the divorce decision is recognised without any special procedure, including for registration in the civil register (Article 30 of the Regulation),
• from a country outside the EU, if at least one of the spouses is a Slovak citizen – the foreign decision takes effect in Slovakia only once it has been recognised; recognition is decided by the Regional Court in Bratislava (Krajský súd v Bratislave),
• from a country outside the EU, if neither spouse is a Slovak citizen – no special procedure is needed, provided recognition is not contrary to public policy.

You will need recognition, for example, to register the divorce in the civil register or before entering into a new marriage in Slovakia.

04Children in a divorce with a foreign national

Parental rights and responsibilities are, as a rule, decided by the courts of the country in which the child is habitually resident at the time the proceedings begin (Article 7 of the Regulation). Decisions about the children may therefore be made in a different country from the divorce itself.

If one parent takes or keeps the child in another country without the other parent's consent, the 1980 Hague Convention on the Civil Aspects of International Child Abduction applies. In such a case, please act without delay.

05How to proceed

1. Establish where you each actually live – habitual residence determines which countries have jurisdiction.
2. Check both spouses' citizenship – it determines the applicable law and the way the divorce is recognised.
3. Seek advice before filing the petition – if more than one country has jurisdiction, it may even matter where the petition is filed first.
4. Prepare your documents – the marriage certificate and other documents from abroad, usually with an official translation.

06Frequently asked questions

Can I get divorced in Slovakia if my spouse lives abroad?

Yes, provided the Slovak court has jurisdiction – for example, if you have lived here for at least one year before filing the petition, or at least six months if you are a Slovak citizen, or if you are both Slovak citizens.

Is a divorce from the Czech Republic or Austria valid in Slovakia?

Yes. A divorce decision from another EU Member State (except Denmark) is recognised without any special procedure, including for registration in the civil register.

What about a divorce from a country outside the EU, for example the USA?

If at least one of the spouses is a Slovak citizen, the divorce takes effect in Slovakia only once it has been recognised. Recognition is decided by the Regional Court in Bratislava.

Which law does a Slovak court apply in a divorce with a foreign national?

If the spouses are citizens of different countries, the Slovak court applies Slovak law. If they are both citizens of the same foreign country, it applies the law of that country.

Where are decisions about children made when the parents live in different countries?

As a rule, in the country where the child is habitually resident at the time the proceedings begin.