Divorce is an unpleasant situation in itself, all the more so if it is accompanied by a time-consuming and financially burdensome process of sorting out issues relating to the children, and it can also complicate the division of joint matrimonial property.
However, in such situations, spouses can sometimes come to an agreement that makes things much easier.
An amicable divorce
Under the Slovene Family Code the court dissolves the marriage by agreement between the spouses:
– if the spouses have agreed on the custody, upbringing and maintenance of the joint children and their contact with their parents; and
– if the spouses have submitted an agreement, in the form of an enforceable notarial deed, on the division of the joint matrimonial property, on which of them will remain or become the tenant of the dwelling, and on the maintenance allowance of the spouse who has no means and who, through no fault of his/her own, is not employed.
Court’s findings
Given that the court has a primary duty to protect the best interests of the children, before dissolving the marriage, it must determine whether the agreement between the spouses provides for the protection, education and maintenance of the joint children and for contact between the children and their parents in accordance with the best interests of the children. If the court finds that the agreement is not in the best interests of the children, it may refuse the application for an amicable divorce.
Procedure
As a result, the most expedient course of action (provided that the spouses can overcome their differences) is to divorce amicably and to enter into an amicable divorce. In the first instance, the spouses should go to the competent social work center and settle the issues of allowance, custody and access to the children. Then, before a notary public, the spouses conclude an agreement on the division of the joint property (which may be drawn up or legally drafted by a lawyer beforehand). After the preliminary steps have been taken, the spouses then file a petition for an amicable divorce with the court (submitting the report of the social work center and the notarial record of the agreement on the division of the joint matrimonial property). In this way, the divorce will take place in a relatively short period of time, without lengthy court hearings and unnecessary additional costs.
Prepared by Ines Rostohar