(marital property & divorce) Family law (marital property & divorce) in Croatia Vlatka Cikač, Attorney-at-Law & Mediator Dubrovnik, 09th October 2018. Presentation for Lawyers Public Information Foundation

2 systems Old Marriage and Family relations Act Family Act from 1998 (effective as of 01.07.1999) Family Act from 2015 (effective as of 01.11.2015.)

Family Act governs Marital rights Relations between parents and children Adoption Guardianship Support Relations regarding property rights Court and administrative procedures

Marital property jointly owned property acquired by the spouses during the marriage or resulting from such property property owned separately by each respective spouse before the marriage or acquired during the marriage by: gift, inheritance, or similar

Jointly owned property a community of property (or jointly owned property) is such property acquired by working of spouses in the course of their marriage or it is a result of such property spouses are co-owners of their community of property in equal shares, unless otherwise agreed gains from games of chance as well as copyright benefits are considered a community of property

Separate property a separate property of individual spouse is a property that he owns in the moment of the conclusion of the marriage as well as the property that he acquired during the marriage, but not on the grounds of labour a property which a spouse acquires through the inheritance or donation during the marriage will remain his own separate property

2 systems of defining the co-ownership on the marital property before: property was divided between the spouses based on the individual contribution of each spouse in the acquisition of that property now: spouses are joint owners of their joins properties in equal shares

spouses may agree on the division of jointly owned property (aut of the court) both spouses are entitled to make a claim to the court for division of property after the termination of (in case of divorce) and during the marriage

Marital agreement matrimonial agreement can regulate proprietary relations regarding both present and future property one can conclude such agreement before or during the marriage it requires a written form with notarised signatures Croatian Family Law Act doesn’t allow stipulating the application of foreign law to the proprietary relations between spouses

Recognition of Unmarried Cohabitants relations between unmarried couples are legally recognizes and regulated through family law minimum duration of 3 years, or shorter if there is a child or ended in marriage such relationship, that lasts for a „longer period of time” crates property rights that rise to the level of the rights of marries couples

Divorce after World War II, during the socialist regime, Croatia got more liberal legislation than some western European systems Croatian system is not familiar with judicial separation or a long waiting period for a legal divorce even one year of separation can be a ground for a divorce

nowadays, we are practically indifferent toward the increasing number of divorce suits or destruction of marriages and family communities they are becoming a pattern of our culture

in 1946 provisions of the Basic Marriage Act have enabled all citizens to ask the court for dissolution of marriage it was based on the principle of fault divorce and general disruption of marital relations jurisprudence made the legal meaning of the “principle of fault divorce” less significant

today Croatia totaly abandoned the “principle of fault divorce” the law allowss divorce by common agreement without any additional explanation the legislator does not force spouses to enter into stressful, lengthy and expensive legal proceedings in order to convince the court of their reasons

Court will dissolve a marriage if: marital relations have been seriously and permanently impaired a year has passed since the martial union ceased to exist both spouses consent to a divorce

Basic principles of divorce divorce can be very simple reduce time and money spent on divorce proceedings divorce proceedings are so to say humanized

a spouse may initiate an action for divorce by the filing of a suit both spouses may file a consensual divorce application a husband is not entitled to initiate an action for divorce during the wife’s pregnancy or until their child turns one year of age

Supporting a spouse a spouse who does not have sufficient means or cannot obtain them from her/his property, and is not capable to work or find employment, has the right to be supported by the other spouse a spouse has the right to file a claim for support until the conclusion of the main hearing in a divorce or annulment suit, of which the court is obliged to warn them or within six months of the termination of marriage

Supporting the children parents are obliged to support their minor child parents are obliged to support their child of full age who is attending secondary school or university or professional studies in accordance with special provisions, and regularly and duly fulfils its duties the montly sum defined by parental plan or by the court

Divorce involving children since 1998, children’s rights have been part of the Croatian legal system due to the ratification of the UN Convention on the Rights of the Child and their incorporation into family law

modernization of the legal parent–child relation that aims at the mutual parental responsibility crucial point – child's welfare

social welfare center conduct the meeting with parents eventually also mediation if there is no consent, parent can start court procedure

Parenting plan parents can decide with which parent the child will live with about contact between non-resident parent and the child as well as child support Parenting plans reached by agreement are presented to the court for certification.

In the case of the court suit, a court can make decision: with which parent the child will live with about contact between non-resident parent and the child as well as child support

Vlatka Cikač, Attorney-in-Law & Miediator Thank You! Vlatka Cikač, Attorney-in-Law & Miediator