Slovakia is preparing a new Civil Code, which could significantly change rules about marriages, divorces, property, and child support. The law is planned to start in 2027. Until then, the project will be discussed.
Here are five important changes that could affect married couples, partners, and parents:
1. Invalidating "fake" marriages
A new reason for marriage to be invalid will be introduced: marrying without the real intention to create a family. This applies to cases where people marry for benefits, like getting citizenship or a residence permit. A prosecutor can ask for such a marriage to be declared invalid within 3 years of it happening.
2. Ending joint property of spouses and introducing "pre-nuptial agreements"
Instead of the current joint property system, a new concept of "joint marital property" will be introduced. This includes not only property but also debts acquired during the marriage. Even a share in a limited liability company or a cooperative, if acquired during the marriage, will be considered joint marital property.
Spouses, and also future spouses, can sign agreements that change the property rules. They can limit or expand joint property, or choose a system of complete separation. These agreements can be changed during the marriage. Also, one spouse will have the right to cancel an important legal act unilaterally if the other spouse made it without their knowledge or agreement.
3. Simpler and faster divorces
A new type of divorce, "undisputed divorce," will be introduced. If spouses have not lived together for a long time, agree on everything, and have settled matters concerning their children, the court will not investigate the reasons for the marriage breakdown. In these cases, divorce should be faster and without unnecessary arguments.
The situation where one spouse changes their gender will be regulated separately. Since same-sex marriage is not recognized in Slovakia, such a union will automatically end, and the rights of the parties will be assessed like in a divorce.
4. Changes in child support payments
Child support will need to be paid "in advance." The money must arrive no later than the last day of the month before the month for which the payment is made.
The minimum amount of child support will increase from 30% to 50% of the subsistence minimum. Based on current data, this is about 64.87 euros per month.
If the person paying child support does not provide proof of their real income, the court will automatically assume their income is 25 times the subsistence minimum (about 4,473 euros). A one-time contribution will also be introduced to cover extraordinary expenses, such as medical treatment or other unforeseen needs of the child.
5. Stronger protection of children's rights
The law strengthens a child's right to participate in decisions about their life, considering their age and maturity. Courts and parents must seriously consider the child's opinion, not just listen to it formally.
In addition, the rules for exercising parental rights after divorce will be clearer, and courts will have more options for quick intervention in cases where a child is at risk.
