Divorce or dissolution of marriage in Slovenia is the termination of a marriage by court judgment. The marriage will be dissolved by a judicial decree, leaving both spouses free to marry again.
Most divorces are obtained by both party’s consent, in which case the couple will follow a smooth path through the court system. However there are some couples that don’t reach an agreement regarding the termination of their marriage or the related issues. In this case the two parties and their legal representatives will appeal to the court decision.
The division of property procedure in Slovenia
In the initial phase of the divorce in Slovenia, the common property and the shares of each spouse must be determined. Only the shares from the total value of the assets are calculated, not the shares for each particular asset.
It is considered at first that the spouses have equal shares from the joint assets, but the they may bring evidence to prove that they contributed to the common goods in different proportions. When deciding upon the division of property, the court will take into consideration various reasons, among which
• the spouses incomes
• length of the marriage,
• custody of children;
• contribution to the common assets;
• the spouses’ care for the home and the family;
• the spouses’ expenses for the maintenance of the common property.
In the case of a common agreement of the parties, they should file a written and court certified document regarding the division of common assets, and which spouse will be the holder of housing rights.
Common debts in Slovenia
Both spouses remain liable for their common debts until the division of the common property is decided, at which point the debts are also divided. If debts are not divided by Court order the spouses remain jointly liable. If the value of a spouse’s separate property which has been used to pay for common debts exceeds his share of these debts, he can then file a reimbursement claim against the other spouse.