What permanently damaged your marriage

Divorce in Bosnia and Herzegovina

 


Question: How is a divorce initiated in Bosnia and Herzegovina?
Lawyer: Divorce can be initiated by filing a divorce suit or filing for a friendly divorce. The court will divorce on the basis of an application for a mutual divorce: if at least six months have passed since the marriage, if there is a mediation agreement between the spouses: transfer of parental custody, livelihood of the child, requirements and modalities for caring for individuals Relationships and direct contact with the parent who has not been assigned parental authority and spousal support. The spouses have the general place of jurisdiction for proceedings in family matters. In addition, the court in whose district the spouses had their last common place of residence is also responsible.


Question: Can the division of marital property also be carried out in divorce proceedings?
Lawyer: The divorce procedure is separate from the procedure for the division of marital property. The division of marital property is carried out on the basis of the contract of the spouses concluded before the notary or in court proceedings. In divorce proceedings, only the divorce is negotiated. If there are underage children, they are also negotiated, as well as maintenance, custody and access rights.


Question: Is the divorce process the same with and without minor children?
Lawyer: If there are children for whom the parents exercise custody, as well as during the woman's pregnancy, the parents are obliged to apply for mediation to a natural and legal person who is authorized to mediate before initiating divorce proceedings . The application for mediation is addressed to the authorized person in whose jurisdiction the applicant has a permanent or temporary residence or in whose jurisdiction the spouses had their last joint residence. If the marriage did not result in children, the mediation process is not required.


Question: What is “marital property” and what is “personal property”?
Lawyer: The marital assets consist of the assets earned during the marriage and the income from these assets. Spouses are co-owners of the marital property in equal shares, unless otherwise agreed in a written contract concluded with the notary (marriage contract or pre-marital contract). The property that the spouse has at the time of the marriage remains their own property, which is not divisible.


Question: How is maintenance granted for underage children in divorce proceedings?
Lawyer: Parents have an obligation to contribute to the subsistence of the minor child and in fulfilling this obligation they must use all their possibilities and abilities. If the child attends school regularly, the parents are obliged, to the best of their ability, to contribute to their livelihood even after they have reached the age of majority and at the latest until the age of 26.


Question: How much does a divorce cost in Bosnia and Herzegovina?
Attorney: If you are represented by an attorney in a divorce proceeding in Bosnia and Herzegovina, you will pay the cost according to attorney fees and in relation to the number of court hearings in which you will be represented and the acts performed by the attorney in the divorce proceeding. In addition to the costs of the lawyer, you will also pay the costs of the court fee for the divorce suit and the judgment according to the law on court fees of the canton (the entity).


Question: How can a marriage entered into in Bosnia and Herzegovina be declared null and void?
Lawyer: The nullity of a marriage that was entered into for fear of a serious threat can only be applied for by the spouse who entered into the marriage under threat. The lawsuit can be filed within one year from the date the threat ceased and the spouses lived together during that time. The annulment of a mistaken marriage can only be applied for by a spouse who has consented to the mistaken marriage. The lawsuit can be filed within one year from the date the error was discovered and the spouses lived together during that time. Annulment of a marriage on the basis of knowledge of infectious diseases can be applied for by the spouse who has been denied the facts about the health of the other spouse. A marriage annulment can be initiated by one spouse due to severe and incurable mental disorders in the other spouse.


Question: My wife is a Croatian citizen and I am a Bosnian-Herzegovinian citizen. We want to get a divorce in Bosnia and Herzegovina. Which law is applicable?
Lawyer: Divorce is governed by the law of the state of which both spouses are citizens at the time of filing the lawsuit. If the spouses are citizens of different states at the time the action is filed, the rights of both states will govern the divorce cumulatively.


Question: We got married in Bosnia and Herzegovina. Then we moved abroad permanently. Can we get divorced in Bosnia and Herzegovina?

Lawyer: The marriage can be divorced in Bosnia and Herzegovina.


Question: We married each other abroad and the marriage is not registered in Bosnia and Herzegovina. Can we get divorced in Bosnia and Herzegovina?
Lawyer: Yes, you can get a divorce in Bosnia and Herzegovina.