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“Domicile” is where a person is resident, usually the person’s habitual abode within the Slovak Republic. A person can only have one domicile at any one time. A child’s “domicile” will be the same domicile as that of his / her mother at the time the child is born.

“Habitual residence” is not defined in Slovak law, but is considered to be the residence where a person remains at any time for a lengthy period of time.

A person may have a “temporary residence” which is different to “domicile” as it is a place where a citizen remains temporarily provided they remain in this “temporary residence” for longer then 90 days. A citizen who lives abroad permanently can also have “temporary residence” in the Slovak Republic if they spend more than 90 days per annum in the Slovak Republic.

Residence is a matter of fact which can be proved by evidence and not only through a registration certificate.

Conflict of Law/Applicable Law to be Applied

Common nationality

Lex fori

The law to be applied in cases when the parties are citizens of two countries will differ depending on the type of legal action involved (e.g. marriage, divorce, child custody).

Articles 19-32 of the International Private Law Act outline situations where a conflict of law might arise. Factors taken into account in order to ascertain the applicable law include where the marriage took place and where any child of the marriage is domiciled or habitually resident. Usually when there is a divorce between citizens of two different countries, Slovak law will apply).

Pre-Nuptial Agreements

In Slovakia , prenuptial agreements are null and void.

Divorce

The Slovakian Court may dissolve the marriage if it has irretrievably broken down for a long time and if the parties cannot be expected to reconcile. These two conditions must be fulfilled at once.

Finances/Capital/Property

The property of the spouses is subject to the community of property regime. Community of property of spouses consists of property acquired by any of the spouses or by both of them during the marriage except for property that:

has been acquired by way of succession i.e. inheritance or donation;
has been acquired by one spouse for his or her exclusive need; i.e. if the use of it serves exclusively to their job, profession or business
serves a personal use to only one spouse and which has been surrendered within restitution of property regulations.

The community of property regime ends on dissolution of the marriage or is agreed by the spouses during the marriage.

After the dissolution of the marriage the property must be dividedbetween the ex-spouses. In the event that the ex-spouses do not reach agreement on the division, the court (on request of either party) is entitled to divide the property between the parties.

Finances/Maintenance

Section 72 of the Family Code:

A divorced spouse who is unable to provide for himself/herself may demand a contribution towards his/her essential maintenance from his/her former spouse according to the latter’s ability and capacity.

If they fail to agree, the decision regarding such maintenance contribution shall be made by the court on the request of either party.

Maintenance will be granted for no longer than 5 years, but the court can extend maitenance beyond 5 years depending on the facts.

Child Maintenance

Parents are under a legal obligation to provide for and support their children until they are economically independent.

Where a child is involved in divorce proceedings, the court will specify the rights and obligations the parents will have towards the child after the divorce, in particular by determining which parent will be entrusted with the upbringing of the child and how each parent will contribute towards the maintenance of the child

Children who live with one or both of their parents and have the capacity to work and earn money are under an obligation to contribute to their household e.g. by means of financial contribution i.e. paying rent, electricity, food and clothing.

Cohabitants

Cohabitation is not a legally recognized status in Slovakia and has no special legal protection.

Property of cohabitants is not subject to the community property regime and cohabitation can exist even on the dissolution of a marriage. For example, it is common (depending on the financial circumstances) for some divorced couples to continue living together. In this type of situation property would be acquired on a co-ownership, as opposed to a community of property regime.

Civil Partnership/Gay Marriage

Gay marriage is not recognised under the Family Code.

With thanks to JUDr. Pavol Erben of Blaha, Erben & Partneri, Bratislava, Nám. SNP 22, 811 01. Slovakia. www.bep.sk