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Contributing Law Firm: ADLER
Contributors
- Vlatka Adler office@adler-anwalt.com
A. General
What are the legislations governing divorce proceedings in Croatia?
The main legislation governing divorce proceedings in Croatia is the Family Act.
B. Divorce Process in Croatia
Am I eligible to apply for a Divorce in Croatia?
Yes. There are no specific requirements to be eligible to apply for a divorce in Croatia.
What are the Grounds for Divorce in Croatia?
Difference in nature between spouses is sufficient as a ground for divorce in Croatia.
What is the Divorce Process in Croatia?
Generally, spouses will begin the divorce process at the Social Center. In the event spouses are unable to find a solution at the Social Center, they may then turn to the Court.
C. Jurisdiction Requirements in Croatia
Do expats need to fulfil any requirements to file for a Divorce in Croatia?
There are no particular requirements for expats to file for a divorce in Croatia.
D. Child Issues in Croatia
What is the overarching principle that guides the Court in making decisions in relation to care arrangements of children in Croatia?
Generally, the Court’s decision is based on the Social Center’s opinion.
Is there a difference between custody, care and control and access in Croatia?
There is a difference between custody, care and control and access in Croatia.
Who does the child usually reside with post-divorce in Croatia? Is there a preference for a child to reside with the mother in Croatia?
The child’s residence depends on the facts of the case and the opinion of the Social Center. There is no preference for a child to reside with the mother in Croatia.
Are there any major child-issues that both father and mother have to discuss and come to an agreement post-divorce in Croatia? Or does the parent who resides with the child make all the decision in Croatia?
Yes, this is because both parents are usually awarded joint custody.
Who needs to contribute to child maintenance in Croatia? Is there an obligation on both parents in Croatia?
Generally, the parent who does not reside with the child has the obligation to contribute to child maintenance in Croatia.
What are the factors the Court take into account when deciding the amount for child maintenance in Croatia?
The Court takes into account the payer parent’s standard of living. Generally, 20% to 22% of the payer parent’s net earnings are contributed to child maintenance.
E. Division of Matrimonial Assets in Croatia
What are considered as Matrimonial Assets in Croatia?
In Croatia, matrimonial assets are all assets both parties have acquired through work during the marriage.
What is the overarching principle that guides the Court in the Division of Matrimonial Assets in Croatia?
There is a legal presumption towards equal division of parties’ matrimonial assets. This legal presumption can be rebutted in the event, parties have reached a mutual agreement for alternative arrangements as to the division of matrimonial assets.
What are the factors the Court take into account in dividing matrimonial assets in Croatia?
The Court will consider whether any matrimonial asset is: –
- A donation or gift from a 3rd party; and/or
- An inheritance.
Any asset within the above mentioned two groups is not considered a matrimonial asset.
F. Spousal Maintenance in Croatia
In what circumstances does the Court order a husband to pay maintenance to his wife/ ex-wife in Croatia?
Generally, there are regulations providing an obligation for a husband to provide spousal maintenance. However, provision of spousal maintenance is uncommon in practice as all women, as a rule of thumb are working individuals and can support themselves.
In what circumstances does the Court order a wife to pay maintenance to her husband/ex-husband in Croatia?
This is an uncommon circumstance in Croatia. In my experience, I have not come across such a situation in practice.
What is the overarching principle that guides the Court for spousal maintenance in Croatia?
The Court will consider a party’s ability to work and the availability of private assets to support him/herself.
What are the factors the Court take into account when deciding the amount for spousal maintenance in Croatia?
There are no specific factors the Court takes into account when deciding the amount for spousal maintenance in Croatia.
How does the Court facilitate the payment of spousal maintenance in acrimonious cases in Croatia?
The Court may do so by way of enforcement mechanisms.
For further detailed information on international divorce, please visit our dedicated web-page at www.expatdivorce.sg
At Gloria James-Civetta & Co we specialise in helping expat couples and individuals achieve their long-term goals in the least acrimonious manner. We have one of the largest teams of divorce lawyers in Singapore equipped with the necessary resources, alliances and manpower to handle the complexities of an expat divorce.
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