15 July 2026
Divorce Lawyers in Serbia
The divorce procedure in Serbia is made in compliance with the provisions of the Family Act. Our Serbian divorce lawyers are at your disposal.
Citizens in Serbia, whether nationals or foreigners, can get married or file for divorce in accordancewith the Serbian Law and its provisions. The Family Law protects the rights of partnerships in a marriage, particularly the equal rights. As for divorce procedure in Serbia, this has a liberal status and can be established in the court of law. Filing for divorce in Serbia requires the legal support of Serbian divorce lawyers, a matter where our team can help.
| Quick Facts | |
|---|---|
| Grounds for a divorce in Serbia | – serious and permanent disruption of marital relations, or the spouses can objectively no longer live together, – mutual agreement of the spouses |
Types of divorce in Serbia | Settlement agreement or through a lawsuit |
Legislation | The Family Law of Serbia |
| Reconciliation period | 2 months in a divorce lawsuit in Serbia |
| Where is the divorce agreement signed? | At a public notary |
| Child custody | Joint and sole custody are two options available. Child custody must be settled at the time the divorce procedure starts. |
| Distribution of common property/assets | Divided equally between spouses. Properties owned before marriage remain to the partner in question. |
| Are prenups available in Serbia? (YES/NO) | YES |
| What is a judicial division? | A process where property division is done through civil proceedings during the divorce stage. |
| Is mediation an option in a divorce case in Serbia? | Yes, mostly in terms of child custody, property division, and other relevant issues. |
| Do I need a divorce lawyer or should I act on my own? | It is recommended to hire the services of our Serbian lawyers for a smooth divorce process and fewer complexities. |
| Appealing the divorce decision in Serbia | Possible option if one of the spouses considers that there are hidden/undeclared properties/assets. |
| Time frame to get a divorce in Serbia | A few months if both spouses agree on the separation or years if court proceedings are involved. |
| Costs of a divorce in Serbia | – notary & court fees, – legal services costs |
| Choosing our Serbian lawyers in a divorce case | A proper option if you want to get a divorce in a fast and reliable manner without complications. Both spouses can be represented by our Serbian attorneys. |
| Minimum duration of marriage before initiating divorce | There is no Serbian law requiring a minimum duration of marriage before filing for divorce. |
Divorce proceedings involving minor children | Arrangements concerning custody of the child or children, payment of child support, or any financial obligations must consider the well-being of the child. |
Divorce without children involved | When there are no children involved, the divorce tends to proceed smoothly as long as both parties are in agreement. |
| Authority handling the divorce | Only the court (basic court) can dissolve a marriage; a notary can only solemnise the spouses’ property-division agreement. |
| Eligibility to initiate a divorce | Both spouses have equal rights to initiate divorce proceedings. |
| Divorce between foreign nationals in Serbia | A divorce may be filed in Serbia by a foreigner whose spouse is a resident of Serbia or whose marriage had been officiated under the law of a Serbian jurisdiction. |
| Recognition of foreign divorce rulings | A divorce which has been granted in a foreign jurisdiction is not automatically effective in Serbia until it is formally recognized by the Serbian court. |
| Obligation of spousal maintenance post-divorce | A spousal maintenance order may be issued by the court when one of the parties is employed and the other does not have an income. |
| Retention of parental rights post-divorce | Both parents keep their parental rights and responsibilities after the marriage is dissolved, unless in specific circumstances. |
| Duration of spousal support | Alimony may be granted for a specified period of time, or may be granted for an unlimited period of time based of the needs of the receiver. |
| Influence of domestic violence on divorce proceedings | Allegations of domestic violence may influence the court’s decision on custody, the division of property and the issuance of restraining orders. |
| Division of liabilities following divorce | In addition to the division of the property, the court also takes into account the existing financial liabilities. |
| Validity of religious divorce in Serbia | Under the Serbian law, religious divorce is not legally recognized. |
| Proceedings when one spouse is unreachable or missing | Where one spouse is unreachable, the other spouse may proceed with the divorce. |
| Legal age for initiating divorce | In Serbia, the minimum age for filing for divorce is legally set at 18 years. |
The Family Law Act in Serbia
According to the Family Law, a marriage in Serbia can be dissolved if the marital relationship is permanently disturbed and if a divorce procedure is the only solution. From a legal point of view, the divorce can be completed in two ways:
- through a mutual agreement of the spouses;
- filing a lawsuit for divorce in the court of law without a public.
If one partner leaves the relationship or if he/she is gone missing, the other one can file for divorce in the court of law. The same authorities will decide on the arrangements regarding the children of the family.
Legal advice is essential when dealing with a divorce procedure, as the advisors can explain the rights of both spouses in Serbia. For a better understanding of how a marriage is dissolved in this country, we strongly recommend that you address our divorce lawyers in Serbia. Plus, you can also discover the infographic below with details on this topic:
The mutual agreement in Serbia
The divorce in Serbia is normally done by a mutual agreement signed by the spouses if they agree to the terms and conditions. In this sense, the arrangements regarding the children and the responsibilities involved must be outlined. Details about the domicile of the children, their education, and the periodical visits must be determined when the mutual agreement is signed. Moreover, the same arrangement must contain information about the division of the assets gained together as husband and wife.
Would you like to know the formalities of immigration to Serbia? We have a team of experienced lawyers in this field so you can discuss all the legal aspects involved. They can help you obtain the necessary visa, work and residence permit, as well as citizenship, where appropriate. A valid passport, health insurance, proof of income, and domicile are among the documents required to obtain a residence permit.
The divorce procedure in the court of law in Serbia
It is good to know that the divorce process made through a lawsuit in Serbia is considered complicated compared to the mutual arrangements. Mediation is required in this procedure if both spouses, regardless of their nationality, are present in Serbia. We mention that divorce lawsuits may last for several years if the two partners do not agree on property division or child custody.
Papers and procedures for divorce in Serbia
Our recommendation is to contact one of our divorce lawyers in Serbia to take care of the necessary formalities. Regarding the application for divorce, it must be submitted to the court of the general jurisdiction, depending on the residence of the spouses involved in the process. Among the documents required in this process, we mention:
- marriage certificate;
- birth certificates of minors, if involved in a marriage;
- specific forms will also be completed.
We specify in this case that the divorce settlement agreement for an uncontested divorce is filed if both spouses have reached a consensus on the respective separation, and here it is about custody, assets division, and alimony. If the former partners do not agree with the above regarding the divorce, the case comes to the attention of the authorities, respectively in a court of law.
On the other hand, we mention that a divorce petition, regardless of the method chosen for separation, must include information about the two spouses, custody if applicable, alimony, details about the division of assets, and the agreement established in this regard.
Representation with power of attorney in Serbia
Those interested in divorce in Serbia can opt for our lawyers, who can represent them with a power of attorney. We mention in this case that the power of attorney must be certified by a notary in Serbia, but those certified by a consulate are also accepted if this act is not performed in Serbia. We remind you that you can rely on our specialists, and more precisely on our divorce lawyers in Serbia for legal representation, including a power of attorney.
Uncontested divorce in Serbia
Uncontested divorce in Serbia is often the optimal solution and the fastest way to the desired separation. In this case, 3 separate legal documents are prepared that contain information about the reasons for the separation, if there are minor children, how custody is done, visiting hours, and where the minor child will stay.
In most situations, minor children live with their mothers, so the divorce process is much simplified. We advise you to talk to our divorce lawyers in Serbia for more information about an uncontested divorce and the legal formalities involved.
Child custody in Serbia
If the marriage dissolution involves minor children, first of all, their custody is established, and the responsibilities of the parents from an educational and financial point of view, among others. As mentioned above, the minor child or children live with their mother after the divorce, but in special cases, and with the help of a court decision, the respective minors can be raised and cared for by the father. It is also the court that decides the alimony, as well as the visiting hours. And as it is quite a sensitive subject and requires specialized guidance, we recommend the services offered by our divorce lawyers in Serbia.
Divorce rate in Serbia
The divorce rate in Serbia is approximately 1.5 per 1,000 population (2025). Here are other interesting facts:
- In 2025, 29,402 marriages and 10,148 divorces were registered.
- 45.6 is the average age for divorced husbands, while 42.1 is for wives in Serbia.
- Around 53% of divorces involved minor children.
You can find out extra information about the divorce rate in Serbia from our specialists. We offer specialized legal advice and can represent you if a divorce in Serbia takes place in a court of law.
We suggest you discuss with our divorce lawyers in Serbia for legal support in this matter. Feel free to get in touch with our divorce lawyers in Serbia at any time.