Family law and divorce in Serbia
In Serbia a marriage can be dissolved by agreement or by a lawsuit before the basic court. The court also decides on custody, child support and contact if the spouses do not agree.
Divorce by agreement
Spouses who agree on divorce file a joint proposal with a written agreement on the children and on property. This is usually the fastest and least costly route.
Divorce by lawsuit
If one spouse does not agree, the other files a lawsuit. Where there are minor children, the court first tries to reconcile the spouses and then decides on the divorce and the children.
- Custody and residence of the child
- Contact with the other parent
- Child support
- Spousal maintenance in some cases
Marital property
Property acquired by work during the marriage is joint property of the spouses. Shares are presumed equal unless one spouse proves a larger contribution.
Spouses can regulate their property by a marriage contract certified by a public notary.
International families
If one spouse is a foreigner or the family lives abroad, we first check which court has jurisdiction and which law applies. A foreign divorce judgment involving a Serbian citizen must be recognised in Serbia before it is entered in Serbian registers.
How we handle it
- ConsultationWe review the marriage, the children, the property and the options.
- Agreement or lawsuitWe draft a divorce agreement or file a lawsuit, depending on the case.
- Court proceedingsWe represent you at hearings and in contact with the social welfare centre.
- Judgment and registersAfter the judgment becomes final, we arrange the entry in the civil registers.
What to send us
- Marriage certificate
- Birth certificates of the children
- Proof of income of both spouses
- Documents on property acquired in the marriage
- Foreign judgment with apostille and translation, if recognition is needed
- Power of attorney for our office
Frequently asked questions
How long does a divorce take in Serbia?
A divorce by agreement is usually completed faster than a contested divorce. A divorce by lawsuit with disputes about children or property can take considerably longer.
Can I get divorced in Serbia if I live abroad?
Often yes, if a Serbian court has jurisdiction. We can represent you under a power of attorney, but the court may require you to attend some hearings.
How is property divided after divorce in Serbia?
Property acquired by work during the marriage is joint property, and shares are presumed equal. A spouse who contributed more can prove a larger share in court.
How is child support set in Serbia?
The court considers the needs of the child and the means of the parent who pays. Support is usually set as a share of the parent's income or as a fixed amount.
Is my foreign divorce valid in Serbia?
A foreign divorce judgment involving a Serbian citizen has effect in Serbia after it is recognised. Recognition is needed to update the Serbian marriage register and, for example, to remarry in Serbia.
Can we sign a prenuptial agreement in Serbia?
Yes. Spouses or future spouses can make a marriage contract on their property. It must be certified by a public notary.
How are your fees set?
Fees follow the Serbian Attorney Tariff. You receive a written offer before work starts.
Talk to a lawyer
Describe your case in a few sentences. We reply within 24 hours on working days and tell you whether and how we can help.
- srdjan@bogiceviclaw.com
- +381 65 678 4991
- Viber
- +381 63 104 9891