Divorce in Bosnia and Herzegovina - Areas of professional involvement Law Office
Divorce proceedings are initiated by filing the proposal,
request or complaint for divorce.
Marriage is divorced before the competent court:
where the marriage was concluded or where the spouses had the last joint residence in Bosnia
and Herzegovina.
Spouses who do not have common minor children are not required to go through mediation proceedings, but can immediately start divorce proceedings in person or through their lawyer.
Before starting the divorce proceedings, spouses who have had
or adopted minor children or children with extended parental right, shall go through the
process of reconciliation before the Centre for Social Work in the municipality where they
reside.
In the Proposal, Request and Complaint, as well as during the entire
procedure, both sides can set requirements for resolving issues: child custody, support of
the other spouse, the amount for that support.
Related article: Division of marital property in Bosnia and Herzegovina
Divorce by mutual agreement in Bosnia and
Herzegovina
As one of the ways of termination of marriage provided for by
the law is the termination of marriage by agreement of spouses.
Divorce by mutual
agreement is possible for those spouses who have held a good communication and are willing
to resolve all issues relevant for divorce by mutual agreement.
The issue of divorce
by mutual agreement is regulated by Article 55 of the Family Law that reads:
„Article 55
(1) The court shall divorce the marriage on the basis of the
agreement of spouses if they do not have common minor or adopted children or children with
extended parental right.
(2) If before the first-instance judgment on divorce one of
the spouses withdraws from the agreement on divorce, the proceedings shall be suspended.
"
The process of divorce in Bosnia and Herzegovina by agreement of spouses is
initiated by request for divorce by mutual agreement in the form of written submissions by a
lawyer where both spouses declare that they agree to divorce by mutual consent and confirm
compliance with other requirements of Art. 55 of the Law.
The declaration must be
signed by both spouses or their lawyers and meet all the requirements regarding the form in
accordance with the laws of Bosnia and Herzegovina.
The agreement shall be accompanied
by the copy of the birth certificate for children if they are of legal age, and the extract
from the register of marriages.
Related article: Division of marital property in Bosnia and Herzegovina
Frequently Asked Questions - "Divorce in Bosnia and Herzegovina"
Question: How is divorce initiated in Bosnia
and
Herzegovina?
Lawyer: Divorce can be initiated by a divorce lawsuit or a request for a consensual
divorce. The court will dissolve a marriage at the request for consensual divorce: if at
least six months have elapsed since the conclusion of marriage, if there is an agreement
of the spouses concluded in the mediation procedure, on: realization of parental care,
child support, conditions and manner of maintaining personal relations and direct
contacts of the child with a parent who does not exercise parental care and support for
the spouse. In addition to the court of general territorial jurisdiction, the court on
whose territory the spouses had their last joint residence is competent for the trial in
matrimonial disputes..
Question: Can the division of marital
property be
carried out in the divorce proceedings?
Lawyer: The divorce procedure is separate from the matrimonial property distribution
procedure. The division of marital property is performed by contract of the spouses with
a notary or in court proceedings. While in the divorce proceedings, only divorce is
discussed and if there are juvenile children, then also about them, as well as alimony,
custody, the way of seeing the children.
Question: Is the divorce procedure the same
with and
without juvenile children?
Lawyer: When there are children over whom the parents exercise parental
care, as well as during the womanâs pregnancy, the parents are obliged to submit a
request for mediation to a natural and legal person authorized to mediate before
initiating divorce proceedings. The request for mediation is submitted to the authorized
person on whose territory the applicant has a permanent or temporary residence, or on
whose territory the spouses had their last joint residence. While there are no children
in the marriage, the mediation process is not required.
Question: What is âMarital propertyâ and
what is
âSeparate propertyâ?
Lawyer: The matrimonial property consists of the property that the spouses acquired
through work during the duration of the marital union, as well as the income from that
property. Spouses are co-owners in equal shares in the marital property unless otherwise
agreed in a written contract with a notary (marriage or prenuptial agreement). The
property that the spouse has at the time of marriage remains his or her separate
property that is not divisible.
Question: How is alimony provided for
juvenile
children in divorce proceedings?
Lawyer: Parents are obliged to
support a juvenile child and in performing that obligation they must use all their
possibilities and abilities. If the child is in regular schooling, the parents are
obliged, according to their abilities, to provide for his support even after coming of
age, and no later than the age of 26 if the child is in regular schooling.
Question: How much does a divorce cost in
Bosnia and Herzegovina?
Lawyer: In divorce proceedings in BiH, if you are represented by a
lawyer, you pay the costs in accordance with the Lawyerâs Tariff, and in relation to the
number of court hearings in which you are represented by a lawyer and actions taken by a
lawyer in divorce proceedings. In addition to the costs of the lawyer, you also pay the
costs of the court fee for the lawsuit for divorce and the judgment, according to the
Law on Court Fees of the Canton (Entity).
Question: How can a marriage concluded in
Bosnia and Herzegovina be annulled?
Lawyer: The annulment of a marriage concluded in fear caused by a serious
threat can only be sought by a spouse who has entered the marriage under the influence
of the threat. The lawsuit can be filed within one year from the day when the danger of
carrying out the threat ceased and the spouses lived together during that time. The
annulment of a marriage concluded in error can only be requested by a spouse who has
consented to the marriage in error. The lawsuit can be filed within one year from the
day of finding out about the mistake, and the spouses lived together during that time.
The annulment of a marriage due to the knowledge of infectious diseases may be requested
by the spouse who has been denied the facts about the health condition of the other
spouse. A marriage annulment can be initiated by a spouse due to severe and incurable
mental disorders of the other spouse.
Question: My wife is a citizen of Croatia,
and I am from BiH, we want to divorce in BiH, which law is applicable?
Lawyer: Divorce is governed by the law of the state of which both
spouses are nationals at the time the lawsuit is filed. And if the spouses are citizens
of different states at the time of filing the lawsuit, the cumulative rights of both
states of which they are citizens are relevant for divorce.
Question: We concluded a marriage in Bosnia
and Herzegovina, and then went abroad and moved constantly, can we divorce in
BiH?
Lawyer: The marriage can be divorced in Bosnia and Herzegovina.
Question: We concluded a marriage abroad, we
did not register it in Bosnia and Herzegovina, can we divorce in BiH?
Lawyer: Yes, you can divorce in Bosnia and Herzegovina.
