Divorce in Slovakia: children and parenting arrangements

Legal status as of November 1, 2026

For a divorce involving minor children, you need to prepare both a divorce petition and a workable plan for the children's care after the divorce. Good preparation helps the court understand the family situation and helps the parents understand what they can agree on. This article explains the procedure for a common domestic case under Slovak law.

When can a court dissolve a marriage?

Either spouse may file the petition. Divorce presupposes a serious and permanent breakdown of relationships, due to which the marriage does not fulfill its purpose and the resumption of cohabitation cannot be expected. The consent of the other spouse is therefore not a separate legal requirement. However, the court must establish the relevant circumstances; a spouse's wish to divorce, without an explanation of the situation, does not replace the grounds for the petition. [1]

When preparing, write a short timeline: when you stopped managing your finances jointly, how the household functions, whether and since when you have lived separately, and which specific events led to the breakdown. Select the facts that explain the current situation. A concise description is more useful than a long list of personal grievances. If violence occurred, describe it truthfully and indicate the available evidence.

What to prepare for a divorce petition

The petition must identify the court and the parties, describe the relevant facts, identify the evidence and explain the decision you are seeking. Prepare your marriage certificate, the birth certificates of your minor children, and documents concerning income, housing and the children's needs. For each document, make it clear what you are proving; this will give the court a clear picture of the family. [2] [3]

Local jurisdiction is preferentially based on the spouses' last common residence, if at least one of them still resides in the district of the competent court. If this criterion does not apply, jurisdiction lies with the court of general jurisdiction for the spouse who did not file the petition, and only then with the court of general jurisdiction for the petitioner. When residing or having citizenship abroad, international jurisdiction must also be checked separately. [2]

How decisions are made about children

Divorce proceedings also determine the arrangements for minor children after the divorce. These cover the child's care, legal representation, management of their property, child maintenance and, depending on the circumstances, contact arrangements. Slovak law recognises personal care by one parent, alternating personal care and joint personal care by both parents. The best interests of the individual child are decisive. [1] [2]

Joint personal care requires both parents' consent and compliance with the other statutory conditions. The court must assess whether alternating personal care is appropriate if at least one parent agrees to it. The other parent's disapproval does not in itself determine the outcome. [1]

Test the proposed care arrangements against a typical working week. Who will take the child to school and collect them, how will medication and extracurricular activities be arranged, and what will happen if a parent goes on a business trip? Such answers will show whether the proposed solution is feasible outside of weekends.

A separate topic is the child's opinion. A child capable of forming his or her own opinion has the right to express it freely and should receive attention appropriate to his or her age and intellectual maturity. [1] When preparing, avoid asking the child to repeat a rehearsed statement in court or to take sides in the dispute. It is more useful for a parent to explain the child's specific needs and habits, and how care arrangements have worked so far.

How to prepare a workable parenting agreement

The parents' agreement is subject to court approval; without approval it is not enforceable. Its purpose is to create clear rules that parents can follow. Contact arrangements can cover ordinary weeks, school holidays, public holidays, the time and place for handing over the child, and notification when arrangements cannot be followed. If the parents ask the court not to regulate contact, the law allows this. [1] [4]

Model example: parents agree on weekends, but each understands the start of summer vacation differently. Therefore, before signing the agreement, they will add the exact dates and method of handover. It's not about anticipating every detail of life; the goal is to eliminate places where the same conflict would repeat itself. When communication is strained, specific rules are often more practical than a vague provision stating that arrangements will be made by mutual agreement.

How much does the procedure cost and what affects its duration?

As of November 1, 2026, the basic court fee for a divorce petition is 100 euros. If the conditions for electronic filing, including electronic attachments, are met, a reduction will be applied pursuant to the Court Fees Act. The lawyer's fees, any translation costs and the costs of taking evidence are separate items. Therefore, before starting representation, agree on the scope of the service and the method of billing. [5]

A specific completion date cannot be promised. It makes sense to focus on preparation, especially where you can avoid having to supplement the submission: correct contacts, legible attachments, a draft decision, and clear documents about the children. Discrepancies in care or the need for further evidence require individual assessment.

What to check after a divorce

A divorce decree does not automatically divide community property. Settlement of the spouses' community property under Slovak law (BSM) is a separate issue, subject to a distinct three-year period running from the termination of that property regime. Keep the judgment with confirmation that it has become final, and plan a review of property, loans and the practical implementation of the parenting agreement. [3] [6]

Frequently Asked Questions

Do I need my husband's or wife's consent for a divorce?
No. Either spouse may file the petition. However, the court examines whether the legal conditions for the dissolution of the marriage are met. [1] [2]

Will the court divide the apartment and mortgage in a divorce?
Divorce proceedings alone do not settle the spouses' community property (BSM). Property division and credit relationships must be addressed separately. [3] [6]

Can we agree on the children before the hearing?
Yes. The prepared agreement may be approved by the court if it meets the child's interests and the legal requirements. [1] [4]

If you are preparing a divorce petition, you can contact us with a description of your family situation and a proposal for child custody. We will help you assess the next steps.

Legal sources

[1] Act No. 36/2005 Z. z. on the Family — Sections 23 to 25 and Section 43; time version effective from 1.9.2026
https://static.slov-lex.sk/static/SK/ZZ/2005/36/20260901.html

[2] Civil Non-Contentious Procedure Code — § 25, § 92 to 100; time version effective from 17.8.2026
https://static.slov-lex.sk/static/SK/ZZ/2015/161/20260817.print.html

[3] Slovensko.sk: Divorce — Preparing the petition, supporting documents and the consequences of divorce
https://www.slovensko.sk/sk/zivotne-situacie/zivotna-situacia/_rozvod1/

[4] Slovensko.sk What does the court regulate in a divorce decision — Regulation of parental rights and parental agreement
https://www.slovensko.sk/sk/zivotne-situacie/zivotna-situacia/_co-upravuje-sud-v-rozhodnuti-o

[5] Act No. 71/1992 Zb. on court fees — Section 6, paragraph 3 and item 7, letter a) of the tariff; version from 17.8.2026
https://static.slov-lex.sk/static/SK/ZZ/1992/71/20260817.print.html

[6] Civil Code No. 40/1964 Zb. — § 148 and § 149; time version effective from 31.7.2026
https://static.slov-lex.sk/static/SK/ZZ/1964/40/20260731.html