Divorce is a complex legal procedure that involves three key aspects: termination of marriage, regulation of parental rights, and division of joint property. When spouses have different nationalities, and one of them is a Serbian citizen, additional issues arise regarding international jurisdiction and the application of different legal systems.
1. Divorce
In Serbia, a marriage can be dissolved:
- By mutual agreement – if the spouses agree on all issues (child custody, alimony, property division).
- By lawsuit – if there is no agreement, one spouse may initiate divorce proceedings before the court, where all disputed matters will be resolved.
In international divorces, jurisdiction may belong to a Serbian court or a court in another country, depending on the spouses' residence, the place where the marriage was concluded, and other factors.
2. Child Custody and Parental Rights
During divorce proceedings, the court primarily considers the best interests of the child. Parental rights may be granted to one parent or joint custody may be established. Key factors in determining custody include:
- The child's stable environment
- The parents' ability to care for the child
- The child’s opinion (if they are over 10 years old)
If one parent wishes to relocate the child to another country, the consent of the other parent or a court decision is required. In international cases, treaties such as the Hague Convention on the Civil Aspects of International Child Abduction apply, regulating child relocation and return to their country of habitual residence.
3. Property Division
In Serbia, the principle is that property acquired during the marriage is considered joint property and is divided equally unless otherwise agreed (e.g., through a prenuptial agreement). Separate property (inheritance, gifts received before the marriage) remains in the ownership of the spouse who acquired it.
In international marriages, conflicts of legal systems may arise—the law of the country where the spouses lived may differ from Serbian law. If assets are located in multiple countries, each court may apply its own legal system to determine ownership rights.
Conclusion
International divorces present additional challenges regarding court jurisdiction, parental rights, and property division. It is advisable to engage a lawyer with expertise in family and international law to ensure the process is conducted efficiently and that the rights of all parties, especially children, are protected.