Leading Expat Divorce Lawyer Team
Croatia’s Series of Divorce Questions
Contributors
- Vlatka Adler office@adler-anwalt.com
A. General
The main legislation governing divorce proceedings in Croatia is the Family Act.
B. Divorce Process in Croatia
Yes. There are no specific requirements to be eligible to apply for a divorce in Croatia.
Difference in nature between spouses is sufficient as a ground for divorce in Croatia.
Generally, spouses will begin the divorce process at the Social Center. In the event spouses are unable to find a solution at the Social Center, they may then turn to the Court.
C. Jurisdiction Requirements in Croatia
There are no particular requirements for expats to file for a divorce in Croatia.
D. Child Issues in Croatia
Generally, the Court’s decision is based on the Social Center’s opinion.
There is a difference between custody, care and control and access in Croatia.
The child’s residence depends on the facts of the case and the opinion of the Social Center. There is no preference for a child to reside with the mother in Croatia.
Yes, this is because both parents are usually awarded joint custody.
Generally, the parent who does not reside with the child has the obligation to contribute to child maintenance in Croatia.
The Court takes into account the payer parent’s standard of living. Generally, 20% to 22% of the payer parent’s net earnings are contributed to child maintenance.
E. Division of Matrimonial Assets in Croatia
In Croatia, matrimonial assets are all assets both parties have acquired through work during the marriage.
There is a legal presumption towards equal division of parties’ matrimonial assets. This legal presumption can be rebutted in the event, parties have reached a mutual agreement for alternative arrangements as to the division of matrimonial assets.
The Court will consider whether any matrimonial asset is: –
- A donation or gift from a 3rd party; and/or
- An inheritance.
Any asset within the above mentioned two groups is not considered a matrimonial asset.
F. Spousal Maintenance in Croatia
Generally, there are regulations providing an obligation for a husband to provide spousal maintenance. However, provision of spousal maintenance is uncommon in practice as all women, as a rule of thumb are working individuals and can support themselves.
This is an uncommon circumstance in Croatia. In my experience, I have not come across such a situation in practice.
The Court will consider a party’s ability to work and the availability of private assets to support him/herself.
There are no specific factors the Court takes into account when deciding the amount for spousal maintenance in Croatia.
The Court may do so by way of enforcement mechanisms.