A foreign court decision, such as a divorce judgment, a child maintenance order or a judgment for a debt, takes effect in Serbia only when a court in Serbia recognises it. The same applies to a court settlement concluded before a foreign court.
When recognition is needed
- to register a divorce granted abroad in the Serbian civil registers
- to remarry in Serbia after a divorce abroad
- to enforce a foreign maintenance order or judgment for a debt in Serbia
- to use the decision before Serbian authorities, for example in probate proceedings
Conditions for recognition
- the decision is final under the law of the country where it was issued
- the respondent had the opportunity to take part in the proceedings and was duly summoned
- Serbian courts do not have exclusive jurisdiction over the matter
- there is no final decision of a Serbian court or previously recognised foreign decision in the same matter
- the decision is not contrary to the fundamental principles of the Serbian legal order
- there is reciprocity with the country where the decision was issued
Reciprocity is presumed until the contrary is proved. It is not required for decisions in matrimonial disputes and paternity or maternity disputes, or when recognition is sought by a Serbian citizen. The Ministry of Justice keeps a list of countries with confirmed reciprocity, which includes, among others, Russia, Ukraine, Belarus and the United Arab Emirates. A decision on divorce or other personal status of citizens of the country whose court issued it is recognised without examining exclusive jurisdiction, public order and reciprocity. When spouses divorced in a country of which they are not citizens, the decision is recognised only if it would be recognised in their country of citizenship.
Procedure
Recognition is decided by the higher court, and for decisions in commercial disputes by the commercial court. The application can be filed by anyone with a legal interest. The court with territorial jurisdiction is the one in whose area recognition is to be carried out. The court does not re-examine whether the foreign court decided correctly, only whether the conditions for recognition are met. An appeal against the ruling can be filed within 15 days. A foreign enforceable decision that has not been separately recognised can also be enforced by having the court that decides on the enforcement application rule on recognition as a preliminary question. A foreign maintenance order can also be pursued under the UN Convention on the Recovery Abroad of Maintenance, through the Ministry of Finance.
Decisions from Russia
Between Serbia and Russia, the Treaty on Legal Assistance in Civil, Family and Criminal Matters concluded with the USSR in 1962 applies. Under it, final and enforceable decisions in civil and family matters, court settlements and decisions of Russian notaries on inheritance are recognised and enforced. A Russian court's divorce judgment concerning Russian citizens is recognised without review. The application is accompanied by the decision, a certificate of finality and enforceability and a certified translation, while legalisation and an apostille are not required.
What is required
- the foreign decision, with a certificate of finality under the law of the country where it was issued
- an apostille or legalisation, unless an international treaty provides otherwise, as for decisions from Russia
- a translation by a certified court interpreter in Serbia
- where the decision was issued without the respondent's participation, proof that the respondent was duly summoned
Common questions
Note: This text is general information and is not legal advice for a specific case. It reflects the regulations at the time of the page's last update (October 2026). Assessing a particular situation requires reviewing the documents and circumstances of the case.
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