In case you and your spouse can mutually agree on relevant aspects of the divorce, the procedure is faster, cheaper and simpler. It is only possible if both spouses have agreed to a divorce and have no disagreements on the other aspects arising out of their relationship. If you have joint children together with your spouse, you may still conclude a divorce agreement in front of a notary, but the part relating to issues of parental care will have to be confirmed by a court.
Divorce agreement for couples who do not have joint minor children
In Slovenia, to file for a divorce with a notary, you and your spouse must conclude a divorce agreement.
In your divorce agreement, you should mutually agree on:
- division of common property
- (if relevant) who stays or becomes a tenant of the apartment in which you live
- (if relevant) the subsistence of a spouse who has no means of subsistence and is not employed through no fault of his/her own
You must submit your agreement in writing.
If the agreement contains your mutual agreement on all of the necessary elements, the notary will produce a notarial record of the divorce agreement. The marriage will be dissolved on the day of signing of the notarial deed and the notary will send the notarial record to the administrative unit, which will enter the divorce into the central register.
Divorce agreement for couples with joint minor children
If you and your spouse have joint children over whom you exercise parental care, you have to conclude the above divorce agreement in the form of an enforceable notarial deed.
In your divorce agreement, you should mutually agree on:
- division of common property
- (if relevant) who stays or becomes a tenant of the apartment in which you live
- (if relevant) the subsistence of a spouse who has no means of subsistence and is not employed through no fault of his/her own
Furthermore, you have to agree on:
- on the care and upbringing (custody of the children)
- maintenance of joint children
- access rights of the other parent
important You can agree on joint custody if that is in the best interests of your children.
You should present the above agreements to the court of general jurisdiction (civil court, department of family justice), which will determine whether the agreement provides for the care, upbringing and maintenance of the joint children and for the contacts between the children and the 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 will reject the proposal for amicable divorce.
Learn more about the court proceedings in family matters in Court’s Information.