Divorce is one of the forms of marriage dissolution. The new divorce law as regulated in Family Code offers three types of divorce. The uncontested divorce and the contested divorce are two types of divorce where the court makes a final decision. These two types of divorce were already known to the predecessor of the Family Code. There is also a third type. Under certain conditions, spouses can take advantage of the uncontested divorce in front of the notary. This is only possible if they don’t have common children with parental care over them and if they manage to reach a decision as to the terms of the divorce.
The spouses need to divide marital property after divorce if they haven’t done that already during the divorce process. One of the spouses must return any gifts given to him by another spouse during the time of their marriage if another spouse wants them back and the gifts that were given were not in proportion to his/her financial situation. If certain conditions are met, spouse also has a right to spousal support and is a subject to matrimonial home right.
By uncontested divorce in front of the notary, Slovenia has made an important step towards reducing family courts overload. There are similar actions taken in some other European countries.
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