When one or both spouses are foreigners, two questions must be answered before filing a lawsuit or petition: whether a Serbian court has jurisdiction and which law it will apply. The answer depends on the spouses' citizenship and domicile.
When a Serbian court has jurisdiction
- when the respondent spouse is domiciled in Serbia
- when both spouses are Serbian citizens, wherever they live
- when the claimant is a Serbian citizen domiciled in Serbia
- when the spouses' last domicile was in Serbia and the claimant has domicile or residence in Serbia when filing the lawsuit
- when both spouses are foreigners and their last common domicile was in Serbia, or the claimant is domiciled in Serbia, but only if the respondent agrees and the law of their country of citizenship allows such jurisdiction
Domicile and residence are not the same. Under the Foreigners Act, a foreigner who has been granted permanent residence has registered domicile, while a foreigner with temporary residence has residence. For foreigners with temporary residence, the jurisdiction of a Serbian court should therefore be checked before filing.
Which law applies
Divorce is governed by the law of the country of which both spouses are citizens when the lawsuit is filed. If they have different citizenships, the laws of both countries apply together. If the marriage cannot be dissolved under these rules, Serbian law applies, provided one of the spouses was domiciled in Serbia when the lawsuit was filed.
Children
The court decides on parental responsibility and maintenance of the couple's minor children in the divorce proceedings. For children habitually resident in Serbia, protective measures are generally decided by a Serbian court. If one parent plans to move abroad with the child, special rules apply.
Property
Division of joint property is generally settled by agreement or in separate proceedings. Serbian courts have exclusive jurisdiction over real estate in Serbia, and foreign law may govern the spouses' property relations.
Documents and power of attorney
- a marriage certificate, and for a marriage concluded abroad, the foreign certificate with an apostille and translation
- birth certificates of the children
- proof of the spouses' domicile or residence
- if a representative files the lawsuit: a certified power of attorney issued only for that matrimonial dispute, stating the type of claim and its grounds
In a divorce by mutual consent, the spouses cannot be represented by the same representative.
Effect of the judgment abroad
A divorce judgment issued in Serbia has the effect in another country that the law of that country gives it, often only after recognition. Conversely, a divorce granted abroad takes effect in Serbia only when it is recognised by a court in Serbia.
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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