According to the Agency for Statistics of Bosnia and Herzegovina, approximately 3,000 marriages are dissolved annually. Unfortunately, this has become a growing trend in recent years, while the number of marriages contracted has decreased.
There are various reasons why spouses decide to take this step. Once a divorce is initiated, a number of questions arise in both the parties’ minds.
In this article, we will outline the basic information that an individual should know in case they decide to dissolve a marriage in Bosnia and Herzegovina.
Divorce in Bosnia and Herzegovina
Divorce is one of the most emotional legal procedures a person can experience in their life. In Bosnia and Herzegovina, the divorce process is defined through family law, specifically the Family Law of the Federation of Bosnia and Herzegovina and the Family Law of the Republic of Srpska (both hereinafter referred to as “the Law”). Although these Laws are not phrased identically, the principles are extremely similar.
Valid Reasons for Divorce
The Law does not explicitly define what would constitute valid reasons for divorce. It only states that an individual may seek divorce if “marital relations have been severely and permanently disturbed” (Article 41 of the Family Law of FBiH; Article 52 of the Family Law of RS).
It is also stated that the court will reject a mutual agreement for divorce if arrangements concerning minor children are not in their best interest (Article 44 of the Family Law of FBiH; Article 53 of the Family Law of RS).
Nevertheless, it’s possible to point out some of the most common reasons spouses contact lawyers to initiate divorce proceedings:
- Irreconcilable differences
- Interference of third parties, most often the parents of the spouses, into the marital relationship and decisions
- Economic factors
- Domestic violence
- Adultery
- Emotional and psychological abuse
There are two ways to request a divorce: by mutual agreement or through a divorce lawsuit.
Consensual Divorce
Divorce by mutual agreement is often the most desirable option for spouses who can reach a compromise on all major issues arising from their shared life.
Conditions for Consensual Divorce
To initiate proceedings, the spouses must submit a request for a consensual divorce to the court. If they have minor children, they are also required to submit a joint proposal containing agreements on child custody and maintenance. This is done in order to ensure that the best interests of the parties’ shared minor children are always prioritized.
Furthermore, one of the conditions is that at least six (6) months have passed since the marriage was contracted.
The court will review the request and proposal thoroughly. If all conditions are met, the divorce will be granted without the need for additional hearings.
Divorce by Lawsuit
When spouses are unable to reach an agreement, divorce is initiated by one party’s lawsuit. This involves formal court procedures and can be lengthy. During the process, the court will consider various factors, including reasons for discord, possible domestic violence and the economic and emotional consequences for the spouses and children.
Divorce With and Without Minor Children
If the couple does not share minor children, the process is generally simpler. In this case, the main focus is on dividing property and fulfilling financial obligations.
Partners without children can reach agreements more quickly. On the other hand, couples with children require more time for assessment and negotiations on all relevant issues, which may include an emotional component.
According to the Law, the court focuses on the best interests of the child when dealing with issues of custody, visitation rights and child support. Therefore, couples with minor children who share parental care are required to undergo mediation before divorce. Mediation is also mandatory if the woman is pregnant.
Couples without children are not required to undergo mediation but have the right to do so if they wish.
Moreover, a spouse is not obligated to submit a mediation request if the other spouse’s residence has been unknown for six (6) months or longer, or if the other spouse has been declared legally incapacitated.
The mediation request is submitted to a licensed mediator within the area where the applicant resides or where the spouses last shared a residence.
Both spouses must participate in the mediation process personally and cannot be represented by proxies. Ultimately, the goal is to remove the causes that led to the disruption of the marital relationship. Additionally, the authorized mediator has the obligation to inform the spouses about the consequences of divorce.
The mediation process may last up to two months, with the possibility of a one-month extension under justified circumstances. The mediator is also required to prepare a record of the process.
Should the attempt at reconciliation be unsuccessful, the spouses must try to reach an agreement concerning custody of the shared child. If they cannot accomplish this or the agreement reached is not in the child’s best interest, the guardianship authority will decide on the relevant issues.
It’s important to note that child support is a legal obligation for all parents, even those who do not have parental responsibility or whose parental rights have been limited or revoked. In addition, parents are obligated to support an adult child unable to work due to physical or mental disabilities, as well as an adult child up to 26 years of age enrolled in regular schooling.
Therefore, after the divorce, the court determines the alimony based on the child’s needs and the payer’s ability to pay.
Required Documentation for Divorce
Preparing the appropriate documentation is crucial for any divorce process.
Besides a request, proposal or lawsuit, the required documents include the marriage certificate, birth certificates of the spouses and minor children, proof of residence, evidence of joint property and other relevant documents specific to the individual case. The court may also request psychological reports, especially in cases of disagreements regarding custody.
If you need assistance with preparing your documentation or with representation during the divorce process, feel free to contact our office. We are here to simplify this complex process for you and provide adequate legal protection.
Where to Submit a Divorce Request?
The divorce request is submitted to the competent court in the area where the marriage was contracted or where the spouses last shared a residence.
How Much Does Divorce Cost in Bosnia and Herzegovina?
The financial aspect is often a critical factor for the parties involved. Costs associated with divorce proceedings include court fees, which can be standardized depending on the location and nature of the case, as well as attorney fees, which depend on the complexity of the case and services rendered.
In mutual agreement divorces, these costs can be significantly lower due to the faster and more efficient process. The fee for submitting a request in this case is 360 BAM excluding VAT.
On the other hand, more complex divorces with legal disputes can result in significantly higher costs, sometimes amounting to several thousand BAM.
Division of Property After Divorce
Property division is one of the most complex parts of the divorce process.
Articles 251 of the Family Law of FBiH and 302 of the Family Law of RS stipulate that property acquired through work during marriage as well as any income derived from that property are considered marital property. Division is done either by the agreement of the spouses or through court proceedings.
Contributions from gambling winnings, income from intellectual property earned during the marriage, and gifts from third parties (in money, items, aid, etc.) not explicitly intended for only one spouse are also considered marital property.
Spouses are joint owners of the marital estate in equal parts unless a prenup or marital agreement states otherwise.
Property acquired before marriage is considered separate and is not subject to division. Moreover, property acquired during the marriage based on legal grounds differing from those specified in the above mentioned Articles is also considered separate.
Clients often ask whether inheritance of one spouse counts as marital property. Based on the above legal provisions, such property and any income from it are considered separate.
The court will consider all relevant factors when deciding on property division, including each spouse’s contribution (financial and non-financial), the needs of the children and any prior agreements regarding property.
Conclusion
Divorce is a complex process that requires careful consideration of legal, financial and emotional aspects. The legal framework in Bosnia and Herzegovina gives both parties the opportunity to protect their rights and interests. If you decide to initiate a consensual divorce, the process can be very efficient, while divorce by lawsuit will certainly demand more time and resources.
Understanding the procedures and required documentation is key to successfully completing the process, and we recommend seeking legal assistance to ensure all aspects of the divorce are handled properly.
In all cases, the most important thing is to ensure that proposals related to custody and property division are based on the best interests of all parties, especially the most vulnerable: the children.
