What changes occur after a divorce?

Name Change.

A spouse who adopted the surname of the other spouse at the time of marriage can, within three months of the finalization of the divorce decision, notify the registry office that they are reverting to their previous surname. No permission is required for such a change.

If you decide to change your surname after three months, you can do so by submitting a request for a name change at the respective district office. The district office must grant permission for such a change. The jurisdiction of the district office is determined based on the permanent or last permanent residence of the Slovak Republic citizen on the territory of the Slovak Republic. If such a residence is not held, the Bratislava District Office is responsible for approving the name change.

The request for a name change must be in writing and include:

  • Name, surname, date, and place of birth, and personal identification number of the person to whom the request relates, as well as the date and place of marriage.
  • The name or surname chosen by the person to whom the request relates.
  • Information about the citizenship of the person to whom the request relates.
  • An explanation of the request.

The applicant must submit the following with the request:

  • A final court decision on the divorce if the person to whom the request relates is divorced.
  • A public document or proof of citizenship of another state if the name change is following the laws or traditions of that other state.

The electronic service ‘Submission of a Notification of Reclaiming/Abandoning the Use of Surname After Divorce’ allows you to re-adopt your maiden name without a fee within three months of the divorce judgment becoming effective. After this period, you can only use the paid service ‘Application for a Name Change After Divorce – District Office.’

Changes Regarding Child Custody.

Changes after divorce not only affect divorced partners but also minor children. As parents, you continue to have equal rights, and the care of the child is not only your right but, above all, your obligation. In connection with divorce, you need to prepare for changes related to child custody.

In the decision to divorce the parents of a minor child, the court will determine who will be entrusted with the personal custody of the minor child. At the same time, it will determine how the parent to whom the minor child was not entrusted with personal custody will contribute to their support.

However, if both parents are capable of raising the child, and both parents are interested in the personal custody of the child, the court may award joint personal custody to both parents. If at least one parent agrees to joint personal custody, the court must examine whether joint personal custody is in the best interest of the child.

Division of Spousal Property After Divorce.

The divorce of a marriage directly affects changes in the spousal property. The termination of the marriage also terminates the joint ownership of the spouses, and the settlement of joint ownership is an immediate consequence of its termination.

Joint ownership of spouses arises directly from the law on the day of marriage. It may only include items that one or both spouses acquired during the marriage. However, joint ownership of spouses does not include items obtained by inheritance or gift, as well as items that, according to their nature, serve the personal needs or the exercise of the profession of only one of the spouses, items issued under property restitution regulations to one of the spouses, property acquired by one of the spouses before entering into marriage, and copyrighted works.

Ways to settle joint ownership of spouses:

  • Agreement between spouses.
  • Court decision.
  • Settlement by law.

Practical advice:

If there is a willingness and willingness to reach an agreement on the distribution of property, the quickest and cheapest solution is to agree. The agreement must relate to all items and property that belong to the joint ownership of spouses. The agreement does not need to be approved by the court. If you also manage to agree on the arrangement of contact with the minor child, you can avoid a lengthy divorce process, and the court can divorce you in the first hearing.