In Serbia, a marriage is dissolved either by mutual consent or by a lawsuit brought by one of the spouses. Which route is available depends on whether the spouses agree on the divorce and, if they have minor children together, on the questions concerning the children.
Divorce by mutual consent
Spouses can divorce by mutual consent if they conclude a written agreement on the dissolution of the marriage. The agreement must also include a written agreement on the exercise of parental rights and a written agreement on the division of joint property. An agreement on sole exercise of parental rights covers entrusting the child to one parent, the amount of the other parent's contribution to the child's maintenance and the way the child keeps in personal contact with that parent, while an agreement on joint exercise also covers the child's place of residence. The court incorporates the property agreement into the operative part of the divorce judgment, and the agreement on parental rights only if it finds that it is in the child's best interests. The proceedings are started by a petition to the court.
Divorce by lawsuit
If there is no agreement, either spouse can seek a divorce by filing a lawsuit where the marital relationship is seriously and permanently disturbed or the spouses objectively cannot continue to live together. In those proceedings the court also decides on the exercise of parental rights and on the maintenance of minor children, while property relations are, as a rule, dealt with separately. As a rule, mediation comes first, which includes an attempt at reconciliation and an attempt to have the spouses agree on the exercise of parental rights and on the division of property.
Children
Parents can agree on joint or sole exercise of parental rights. If no agreement is reached, or the court finds that the agreement is not in the child's interests, the court decides, guided by the child's best interests. A child aged 10 or over may freely express an opinion in the proceedings, and a child aged 15 or over who is capable of reasoning may decide for themselves which parent to live with.
Maintenance
The amount of maintenance is set according to the child's needs and the means of the parent who pays it. An adult child who is in regular education is entitled to maintenance until the age of 26 at the latest. If circumstances change, the amount can be increased or reduced.
Joint property
Property that spouses acquire through work during the marriage is joint property, while property acquired before the marriage, by inheritance or as a gift is separate property. In a divorce by mutual consent, the written agreement on the division of joint property is a mandatory part of the divorce agreement; otherwise, the property can be divided during the marriage or after the divorce. A division by agreement is concluded as a document solemnised by a public notary, and if there is no agreement, the court divides the property. Shares are presumed to be equal, but a larger share can be established depending on contributions, for example income, running the household and caring for the children and the property.
What is useful to prepare
- the marriage certificate and the children's birth certificates
- proof of income of both spouses
- documents about property (property registry extracts, vehicle registration documents, contracts, bank statements)
- if there is one, the arrangement reached so far about the children and maintenance
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.
Related areas of law
Contact
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