Divorce in Bosnia and Herzegovina: the procedure and the rights of spouses
The dissolution of a marriage by divorce is one of the matters that family law in Bosnia and Herzegovina treats with the greatest care, because it touches at once the personal and the financial relationships of two people, and very often the position of their children. The rules are not contained in a single statute: each entity, as well as the Brcko District, has its own family law, and these regulations broadly coincide while differing only in particular steps and time limits. It is therefore useful to understand in advance what the whole path looks like, what the court weighs and which decisions it makes. This text explains the divorce procedure from the perspective of the partner going through it, with an emphasis on practical steps, and the office represents clients before courts in Sarajevo, Tuzla, Zenica, Mostar, Banja Luka, Bijeljina, Brcko and other places in the country. Throughout the text you will see on what grounds a court grants a divorce at all, what steps the procedure involves, how long it usually takes and what costs it carries, as well as what the court decides about children. We give particular attention to the questions that trouble our clients abroad, from conducting the procedure through a power of attorney to recognising a judgment handed down in another state.
Divorce in Bosnia and Herzegovina from the spouse's perspective: the grounds on which a court dissolves a marriage, the consensual and the contested route, mandatory mediation when the couple has minor children, the court's decisions on parental care, contact and support, the duration and cost of the procedure, and the particularities for clients in the diaspora and the recognition of foreign judgments.
- Consensual divorce by agreement of the partners, faster and calmer
- Divorce by petition where consent is lacking
- No proof of fault, a permanent breakdown is enough
- The procedure is conducted by the municipal or basic court
- Dissolution of the marriage by court judgment
- Parental care of the children
- Contact of the child with the parent who does not live with it
- Support of the child, and where needed of the partner
- Property is resolved in separate proceedings
- Sarajevo, Banja Luka, Tuzla
- Mostar, Zenica, Bijeljina
- Prijedor, Bihac, Brcko
- Doboj, Trebinje, Zvornik
- and other places across BiH
Note: divorce and the division of property are conducted as two separate procedures. Mediation is mandatory when the couple has minor children or the wife is pregnant. Clients living abroad can divorce in BiH through a certified power of attorney, most often without attending. A foreign divorce judgment is valid in BiH only after a domestic court recognises it.
- A marriage ends either consensually or by the petition of one spouse.
- The law does not require proof of fault, only a permanent breakdown of the marital relationship.
- When there are minor children, mediation is a mandatory preliminary step.
- The court always arranges the care of the children, contact and support.
- For clients from abroad the procedure is feasible through a power of attorney.
- The division of property is a separate procedure and is covered on a dedicated page.
OVERVIEW: DIVORCE IN BiH
Five basic steps through the divorce procedure in BiH, from preparation to the entry of the judgment in the civil registry.
- Preparation and mediation. Assess the situation with a lawyer, gather the documents (marriage certificate, details of children and property) and, where there are minor children, complete the mandatory mediation before an authorised mediator.
- Starting the procedure. A divorce petition is filed with the court or, with the partners' consent, a joint request for a consensual divorce, through a lawyer and with a power of attorney issued for the matrimonial dispute.
- Hearings and evidence. At the hearings the court establishes the state of the marital relationship and decides the contested questions, above all the care and support of the children.
- Judgment of divorce. By its judgment the court dissolves the marriage and at the same time arranges parental care, the child's contact with the parents and maintenance.
- Finality and registration. Once final, the judgment is entered in the civil registry, and where needed a request to revert to a previously used surname is made within the statutory time limit.
1. When the law allows a divorce
Domestic law does not require establishing whose conduct destroyed the marriage. It is enough that the marital relationship has been seriously and permanently shaken to the point where shared life no longer makes sense, or that the community is in fact no longer maintained. The court therefore does not apportion blame but records that the bond is irreparably broken. A marriage may also end by death or annulment, but divorce is the only way to bring a validly concluded union to a close by the will of the partners, and it is enough that only one of them requests it.
2. Two ways to end a marriage: agreement or court dispute
When the partners agree that the end is inevitable and can settle everything essential, they choose the consensual route. It is as a rule shorter and less exhausting, and it leaves the couple to shape the solution themselves rather than hand it to a judge. For the court to accept such a request, at least six months must have passed since the marriage was concluded, the partners must have an agreed arrangement on the care and support of the children and on their mutual relations, and if they have minor children, mediation must first be carried out. Such an agreement, usually shaped in the mediation procedure, should cover parental care, child support, the manner of maintaining contact with the parent the child does not live with and, where appropriate, the mutual maintenance of the partners. Once delivered, a judgment resting on the agreement can be challenged only for serious breaches of the rules of civil procedure or if the agreement was concluded under duress or by mistake.
If there is no agreement, one party starts the procedure by filing a petition. The court then, through hearings and the taking of evidence, examines the state of the marital relationship and all contested questions. A petition may today be filed by either partner, since the earlier restriction tied to a child under three years of age was removed by the 2014 amendments to the Family Law of the Federation of BiH.
In this type of dispute strict rules apply: a judgment cannot be entered by default, it cannot rest on mere acknowledgement or waiver, nor can the parties end the dispute by court settlement. The power of attorney granted to a lawyer must be issued precisely for the matrimonial dispute and state the basis of the petition. Once the judgment becomes final, the part by which the marriage was dissolved can no longer be challenged by extraordinary legal remedies. Because the family laws of the entities and the District differ in procedural details, the choice of the territorially competent court, according to the place of marriage or the last joint residence, can affect the course and speed of the procedure. In practice this means that the same case, depending on the place of marriage and the last joint residence, may be conducted before a court in Sarajevo, Tuzla or Mostar, so we assess the most favourable jurisdiction at the very outset.
3. Mediation (reconciliation) before divorce
Before the divorce hearing is entered at all, the law requires an attempt at reconciliation in certain situations. It is mandatory when the couple has minor children together, as well as when the wife is pregnant. The purpose is not to persuade the partners to stay together at any cost, but to check whether there is room for reconciliation and, if there is not, to help them arrange the questions concerning the children and their further relations in a peaceful manner. Mediation is conducted by an authorised mediator, and without a previously completed procedure the court will not take up either a petition or a consensual request in those situations.
4. Decisions about children: with whom they live, contact and support
In every divorce involving minor children, the judgment must also arrange their position. The court decides to whom the children are entrusted for day-to-day care or establishes joint parenting, how contact will look with the parent the child does not live with and how much that parent will set aside for support. The sole measure is the welfare of the child, so the court considers the child's attachment to each parent, housing conditions, capabilities and available time. Parents may offer their agreement to the court, and it incorporates it into the judgment if it finds that it serves the child's interest. Alongside the decision on care, the court may, in the same judgment, fully or partially deprive a parent of parental rights where the protection of the child requires it, and where necessary order one or more measures of protection against domestic violence. An overview of decisions in this area is available in the case law of family law.
5. How long the procedure lasts and what it depends on
The length of the divorce procedure is hard to determine precisely in advance, because it depends on whether the partners agree and how many questions are contested. A consensual divorce without major open topics can be concluded within a few months, while a dispute involving children, contact or property easily lasts a year, and sometimes longer. Duration is also affected by the court's caseload, the service of documents on the parties and any expert assessments. Neatly assembled documentation and clearly framed requests usually contribute most to a faster outcome. Regardless of whether the procedure is conducted in Sarajevo, Tuzla or some smaller place in the country, its dynamic is similar, and the differences are mainly procedural.
6. The cost of divorce
The price of the procedure consists of several items: court fees, the lawyer's fee and, where applicable, expenses for experts or translations. Court fees depend on the entity and the type of request, while the lawyer's fee is calculated according to the applicable tariff. A consensual divorce regularly costs less than lengthy litigation, because a series of hearings and additional actions is avoided. You can check the framework of fees in the Attorney Tariff of the Federation of BiH, or in the corresponding tariff of the Republic of Srpska.
7. Divorce when the partners live abroad
A large number of our clients live and work outside the country and wish to divorce in their homeland. This is entirely feasible and, as a rule, does not require their attendance: the procedure is conducted on the basis of a certified power of attorney, with communication by email and post. Where the partners hold different citizenships, the laws of both states may apply cumulatively to the divorce, which calls for careful preparation and knowledge of private international law. If the couple has already divorced before a foreign court, that decision takes effect in BiH only after recognition of the foreign judgment, which is a separate and relatively quick procedure.
8. What about property acquired during the marriage
Divorce and the division of joint property are two separate matters: a marriage may be dissolved and the property division settled later, either before a notary by agreement or in separate litigation. Because that subject has its own, branching rules on what enters joint and what enters separate property, how shares are determined and how the division is carried out, we have devoted a dedicated page to the division of property acquired in marriage. It also explains the way the agreement on the division of marital property is drafted.
9. Why it is worth having a lawyer by your side
Although the law does not forbid a party from running the procedure alone, divorce carries a number of legal pitfalls: from a properly drafted petition and power of attorney, through interim measures and service, to protecting rights over children and property. The Law Office Prnjavorac conducts both consensual and contested divorces before all courts in Bosnia and Herzegovina, represents clients from the diaspora without their mandatory attendance, and ensures that the procedure runs without unnecessary delays. The aim is for the end of a marriage to be as dignified as possible and to cause the least possible harm, especially where children are involved. Besides the divorce itself, the office handles related family matters: deprivation and restoration of parental rights, establishing maternity and paternity, deprivation and restoration of legal capacity together with the appointment of a guardian, and requests for measures of protection against domestic violence. The seat of our office is in Tuzla, and in divorce proceedings we represent clients throughout Bosnia and Herzegovina, particularly in Sarajevo, Tuzla and Mostar, but also in Zenica, Banja Luka and other cities.
Frequently asked questions about divorce in BiH
On what grounds does a court in BiH allow a divorce?
A court dissolves a marriage once it establishes that the marital relationship has been seriously and permanently disrupted, or that the community of life is no longer genuinely maintained. There is no need to prove whose conduct caused the breakdown; what matters is that the bond is irreparably broken. A divorce may also be granted at the request of only one spouse.
What do I need in order to start divorce proceedings?
You will need the marriage certificate, details of any minor children and of jointly acquired property, and a power of attorney if a lawyer represents you. In a consensual divorce the spouses also submit their agreed settlement, and where the couple has minor children, mediation must be carried out before the petition is filed.
Is divorce faster when both spouses agree?
Yes. A consensual divorce is usually shorter and less exhausting because the court does not conduct extensive evidentiary proceedings but confirms the spouses' agreement, provided it protects the interests of the children. The condition is that the marriage has lasted at least six months and that there is consensus on all essential questions.
Must the couple go through mediation, and who conducts it?
Mediation is mandatory when the spouses have minor children together and when the wife is pregnant. It is conducted by an authorised mediator, and its purpose is to examine whether reconciliation is possible and, if it is not, to help the spouses reach a peaceful arrangement regarding the children. Without mediation, the court will not take up the case in those situations.
How does the court arrange the care of children after divorce?
The court entrusts the children to one parent for day-to-day care or establishes joint parenting, guided solely by the welfare of the child. It weighs the child's attachment to each parent, housing conditions, capabilities and available time. The court incorporates the parents' agreement into the judgment if it finds that it serves the child's interest.
How is the amount of child support determined?
The amount depends on the actual needs of the child and on the financial means of both parents, since the duty of support binds each of them. There is no fixed sum, so the court decides case by case. If circumstances later change significantly, the amount may be increased or reduced in separate proceedings.
How long does it usually take to obtain a final judgment?
A consensual divorce without major open issues is often concluded within a few months, while a dispute involving children or property can last a year and sometimes longer. Duration is affected by the court's caseload, service of documents and any expert assessments, while a well prepared case does most to speed up the outcome.
What costs should I expect during a divorce?
The costs consist of court fees, the lawyer's fee and, where applicable, expenses for experts or translations. Fees depend on the entity and the type of request, while the lawyer's fee is calculated according to the applicable tariff. A consensual divorce is generally cheaper because a series of hearings and additional actions is avoided.
What happens to property acquired during the marriage?
Divorce and the division of property are two separate matters: a marriage may be dissolved and the property divided later, either by notarial agreement or in separate litigation. Because this area has detailed rules of its own, it is covered on a dedicated page about the division of property acquired in marriage, where shares and the manner of division are explained.
Can a former spouse claim maintenance for themselves?
Under certain conditions, yes. A spouse who lacks sufficient means to live and is unable to work or cannot find employment may claim maintenance from the other partner. The claim is as a rule raised during the divorce proceedings, and the court decides according to the needs of the applicant and the means of the other party.
How do couples living abroad get divorced?
A marriage concluded in Bosnia and Herzegovina can be dissolved here even when both partners live abroad, most often without their attendance, on the basis of a certified power of attorney. Where the partners hold different citizenships, the laws of both states may apply cumulatively, so such a case calls for more careful preparation.
Do I have to come to BiH, or can everything be handled through a power of attorney?
For most steps attendance is not required: the lawyer represents the party on the basis of a power of attorney issued specifically for the matrimonial dispute, with correspondence by email and post. Personal attendance is generally required at mediation sessions when there are minor children, while in a consensual divorce the partners' participation can be organised through the representative.
What if the other party refuses to divorce or avoids the proceedings?
The other spouse's opposition cannot stop a divorce. Proceedings on a petition continue even when the respondent fails to appear, once the summons has been duly served and, where the respondent is unreachable, a temporary representative may be appointed. Since a judgment here cannot rest on default or on acknowledgement, avoidance only delays the outcome.
How is a foreign divorce judgment recognised in BiH?
A foreign court's decision takes effect in Bosnia and Herzegovina only after a domestic court recognises it in a separate procedure. The final judgment and a certified translation are submitted with the application, and once recognised the change is entered in the civil registry. Only then can a person, for example, remarry or revert to a former surname.
Why hire a lawyer instead of running the procedure myself?
The law does not forbid self representation, but divorce hides a number of pitfalls: from a properly drafted petition and power of attorney, through interim measures and service, to protecting rights over children and property. An experienced lawyer anticipates the contentious points, chooses a favourable jurisdiction and keeps the proceedings free of unnecessary delays, saving both time and money.
Author: Attorney Azur Prnjavorac | Updated: 20 June 2026
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Client experiences « Divorce in Bosnia and Herzegovina
A selection of reviews from our clients out of more than 1,030 public Google ratings. It covers a range of marital and property matters (division of acquired property, fictitious transfers of property, loans in marriage, adverse possession, recognition of foreign judgments) and clients from the largest cities in Bosnia and Herzegovina. Client names are anonymised for attorney confidentiality; only initials are used.
“During the divorce proceedings before the Municipal Court in Tuzla, my former husband gifted the family house we lived in to his father, a house we had acquired during the marriage and which was unquestionably marital property. Before the Social Welfare Centre he claimed to be its owner, while only a few weeks earlier he had registered the transfer of ownership to his father in the land registry. The Prnjavorac office obtained the land registry extract during the divorce, uncovered the deed of gift and presented it as decisive proof of the petitioner's dishonesty before the court and the Centre. In parallel, separate proceedings were brought to have the deed of gift declared null and void. Without that thorough legal check I would have been left without a roof over my head.”
“Over fourteen years of marriage we acquired two flats in Sarajevo, a holiday home and business premises. Everything was registered solely in my husband's name. The Prnjavorac office explained the statutory presumption of equal co-ownership (50:50) and prepared a claim to establish co-ownership before the Municipal Court in Sarajevo. Expert assessment determined the market value of all the real estate, and my non-financial contribution (running the household, caring for the children, supporting my husband's career) was treated as equal. The final judgment established my one-half co-ownership share in the entire acquired property and ordered its entry in the land registry, while the actual division (by agreement or through the dissolution of co-ownership) is carried out afterward.”
“We divorced consensually and decided together to settle the division of marital property, a house in Bijeljina and business premises, before a notary rather than through court proceedings. The Prnjavorac office prepared the Agreement on the Division of Marital Property: precisely defined shares, the manner of paying the difference in value, and clauses on taxes and registration in the land books. The notary simply certified a document that was already flawless. The process took six weeks, and both sides left the marriage without a single open legal item for the future.”
“Over twenty two years of marriage we acquired two flats in the narrow centre of Mostar, business premises and shares in two companies. My former husband would not agree to any settlement on division. The Prnjavorac office conducted litigation before the Municipal Court in Mostar for almost two years, with expert assessments of the real estate, valuation of the company shares and analysis of all banking transactions during the marriage. The final judgment confirmed my right to the statutory half, and because the company shares cannot be divided in kind, I was awarded a monetary equivalent of their value.”
“During the marriage we jointly took out a housing loan with a commercial bank in Banja Luka. After the divorce the bank sought payment from me because I was a co-debtor, even though the flat remained in my former husband's use. The Prnjavorac office initiated proceedings to establish joint and several liability and the right of recourse before the Basic Court in Banja Luka. The court confirmed that both spouses are jointly and severally liable to the bank, but the spouse to whom the flat was awarded must reimburse the other for half of the instalments paid. My former husband now regularly reimburses what I paid without actually using the flat.”
“During the marriage my husband's parents let us use a house in Zenica in which we lived and invested, paving, a roof, electrical work, a complete renovation, for a full eighteen years. Formally and legally the house was never transferred to us. After the divorce my former father-in-law insisted it was all his. The Prnjavorac office pursued a combined legal strategy: a claim to establish co-ownership on the basis of investment and, alternatively, on the basis of adverse possession. Before the Municipal Court in Zenica I was awarded a co-ownership share corresponding to the value of the work and funds invested.”
“We concluded our marriage in BiH and divorced in Vienna in 2024. When I wanted to remarry in Brcko, the registry office refused because the Austrian judgment had not been recognised in BiH. The Prnjavorac office obtained, within four months, a final decision on recognition before the Basic Court of the Brcko District, certified translations and entry in the civil registry. Particularly useful: the lawyer warned me in advance about the six-month time limit for reverting to my maiden surname, which runs only from the finality of that decision, something no one had explained to me anywhere else.”
“My husband is a Croatian citizen and I am from Trebinje. We wanted to carry out the divorce in BiH, where our children are in school. The Prnjavorac office explained the rule from private international law: in a divorce involving different citizenships the laws of both states apply cumulatively. They prepared the petition and obtained the relevant provisions of Croatian family law to argue before the court. The Basic Court in Trebinje delivered a divorce judgment that respected both legal systems. The children were entrusted to me, with regular contact with their father in Croatia.”
“During the divorce my former husband transferred our jointly owned business building to his brother through a fictitious deed of gift, trying to deprive me of my share in the marital property. The Prnjavorac office brought a claim to have the contract declared null and void before the Basic Court in Prijedor. The evidence: a chronological reconstruction (the contract concluded three weeks after my conversation with the lawyer), bank statements showing that no consideration had been paid, land registry extracts, and the brother's statement under threat of criminal liability for false testimony. The contract was declared void, the building was returned to the marital property, and the division was carried out 50:50.”
“My husband claimed that three flats in the centre of Bihac were his separate property because they had formally been bought in his name with inheritance funds. However, the documentation showed that the flats had been adapted and renovated with funds from our joint income over thirteen years of marriage, and that a significant part of the purchase price had been paid from our joint account. The Prnjavorac office conducted litigation to establish co-ownership before the Municipal Court in Bihac. The court expert separated the part that was separate property from the part that was marital property (all the investment in adaptation and part of the purchase price). I was awarded a co-ownership share of 37 percent, proportionate to my actual contribution.”
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