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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.

 

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 woman’s 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 “Marital property” and what is “Separate property”?
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 Lawyer’s 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.

 

 

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