Termination of marriage
Under the provisions of the Family Act, regardless of the form in which it was concluded, a marriage ends by the death of a spouse, by declaring a missing spouse deceased, by annulment, or by divorce.
A marriage ends by annulment or divorce when the court’s decision on the annulment or divorce becomes final. However, the termination of marriage does not affect the obligations of spouses arising from the regulations of the religious community before which the marriage was concluded.
If a missing spouse is declared deceased, the marriage ends on the date established as the date of death by a final court decision.
Annulment of Marriage
Annulment of marriage is a court procedure by which a marriage is declared invalid. A lawsuit for annulment may be filed by: a spouse, the Croatian Institute for Social Work, a person with a legal interest, or the parents of a minor who entered into marriage before turning 18.
A lawsuit for annulment may be filed if the requirements for the existence and validity of the marriage have not been met.
Requirements for the existence of marriage include: the bride and groom are persons of the opposite sex, they have both given their consent to marry, and the marriage was concluded in a civil or religious form.
Requirements for the validity of marriage include: majority age (with an exception allowing a person aged 16 or older to marry with court approval), legal capacity, mental capacity, absence of blood relationship in the direct line or collateral line within the legally prescribed degree, and the absence of another marriage or registered partnership.
A judgment annulling a marriage establishes that the marriage was invalid from the moment of its conclusion, as if it had never existed.
Divorce
A marriage may be dissolved in one of two ways: by a lawsuit filed by one spouse or by a joint proposal from both spouses. The court will grant a divorce if both spouses jointly request it, if it finds that marital relations are seriously and permanently disrupted, or if at least one year has passed since the end of marital cohabitation. It is important to note that a husband may not file for divorce during his wife’s pregnancy or until the couple’s child reaches one year of age.
If the couple has children, spouses with minor children must, before divorce, request mandatory counseling at the Croatian Institute for Social Work to be informed about the consequences of divorce and to create a joint parental care plan. If they do not reach an agreement, they must participate in family mediation, except in cases of alleged domestic violence. The plan, once certified and approved by the court, has the force of an enforceable document and regulates key issues of child care. If no agreement is reached, the court will decide on parental care, taking into account the child’s opinion, appointing a special guardian, and obtaining expert opinions from relevant institutions according to the child’s place of residence.
After the court proceedings are completed, the marriage is dissolved when the court’s judgment becomes final.
