Family law
Uncontested divorce in Serbia: a step-by-step guide
When both spouses want a divorce and can agree on the key issues, the law provides a simpler route - an uncontested (consensual) divorce. This article explains what the agreement must contain, which documents are submitted and how the court procedure works.
What is an uncontested divorce
The Family Act of the Republic of Serbia provides that spouses are entitled to a divorce if they conclude a written divorce agreement. Unlike a contested divorce, the court does not examine the reasons for the divorce - it reviews whether the agreement meets the legal requirements and whether it is in the best interests of the child.
What the agreement must contain
For the court to grant an uncontested divorce, the agreement must include:
- An agreement on the exercise of parental rights - if the spouses have minor children together. It determines whether parental rights will be exercised jointly or by one parent alone, how the child will maintain personal contact with the other parent, and the amount of child support.
- An agreement on the division of marital property - regulating the division of property acquired through work during the marital community of life.
Required documents
- Petition for an uncontested divorce with the agreements
- Marriage certificate
- Birth certificates of the couple's minor children
- Proof of payment of the court fee
How the court procedure works
- The petition is submitted to the basic court - according to the spouses' place of residence or the place of their last joint residence.
- If the spouses have minor children, the court obtains the opinion of the guardianship authority on whether the parental-rights agreement is in the child's best interests.
- The court schedules a hearing and summons the spouses.
- If the legal requirements are met, the court issues a judgment dissolving the marriage and incorporates the agreements into its operative part.
Points to consider
The property-division and parental-rights agreements have long-term legal consequences. Before signing, it is important to understand what constitutes marital property, how the amount of support is determined and under which circumstances the agreements can later be modified.
Frequently asked questions
How long does an uncontested divorce take?
The duration depends on the court's caseload, but an uncontested divorce is as a rule considerably faster than a contested one, because the court does not examine the reasons for the divorce - it reviews the spouses' agreement.
Does the divorce agreement have to be in writing?
Yes. The petition for an uncontested divorce is submitted to the court in writing and must include an agreement on the exercise of parental rights and an agreement on the division of marital property.
Do the spouses have to appear at the hearing?
In divorce proceedings the court as a rule summons the spouses in person. Their presence is particularly important when the spouses have minor children together.
This article is for information purposes only and does not constitute legal advice for any specific case. For questions regarding your legal situation, please consult an attorney.