1. Matrimony and entering into marriage

Marriage is the union of a man and a woman who have chosen freely and of their own accord to marry after fulfilling the conditions laid down by the Family Act.

The purpose of marriage is to create harmonious and lasting matrimonial cohabitation ensuring that children are brought up properly.

An engaged couple marries by declaring that they consent to their marriage before a body of a municipality or a borough that maintains a registry, or before an authority of a registered church or religious community. The couple declare publicly and solemnly, in the presence of two witnesses, that they are marrying.

They make their declaration of marriage at a registry office with jurisdiction for the district in which one of them resides. This ceremony is held in front of the mayor or a delegated member of the municipal assembly and in the presence of the registrar.

Before marrying, the couple must submit the documents required by law.

It is not possible to marry someone while they are already married to someone else. If such a marriage does take place, it will be ruled null and void by a court of its own motion.

Marriage cannot be entered into between relatives in the ascending and descending lines or between siblings; the same is true of adoptive relationships. If such a marriage does take place, it will be ruled null and void by a court of its own motion.

A minor cannot marry. In exceptional cases and depending on the reason for the marriage, a court may allow a minor over the age of 16 to marry. Unless permitted by a court, this sort of marriage is null and void. If such a marriage does take place, it will be ruled null and void by a court of its own motion.

2. Spouses' mutual rights and responsibilities

Spouses have equal rights and responsibilities in their marriage. They have a duty to live together, to be faithful, to respect each other’s dignity, to help each other, to take care of their children together, and to foster a healthy family environment.

Both spouses are obliged to take care of the needs of the family established by their marriage as far as their abilities, means and financial circumstances allow. ‘Taking care of the needs of the family’ also means personally taking care of the children and the household.

Spouses work together to take decisions on family matters. If they are unable to agree on important matters, either of them may apply to a court to take a decision for them.

Neither spouse needs the other’s permission to pursue a profession or get a job.

Each of the spouses is entitled to represent the other spouse in ordinary matters (in particular to take receipt of ordinary deliveries and other items on their behalf). The actions of one of the spouses in ordinary family affairs are binding on both spouses jointly and severally.

This does not apply if the other spouse has expressly ruled out such a binding effect in relation to another person and that person was aware of this.

Marital assets may be divisible or indivisible. Indivisible assets may exist only between spouses. Indivisible marital assets are anything that may be owned and that is acquired by one of the spouses during the marriage, except for assets acquired by inheritance or as a gift, items which, by nature, are used for the personal needs or profession of only one of the spouses, and items released under property restitution regulations to the spouse who was in possession of the item before the marriage or to whom the item was issued as the legal successor of the original owner.

3. Dissolution of marriage

Marriage ends when one of the spouses dies or is declared dead. If one of the spouses is declared dead, the marriage ends on the day of the final judgment declaring them dead.

If a decision declaring one of the spouses dead is annulled, the marriage is not re-established if the spouse of the person who has been declared dead has married someone else in the meantime.

Divorce is possible only in justified cases.

A court may dissolve a marriage further to a petition from either of the spouses if the relations between spouses have so seriously deteriorated and been so irreconcilably disrupted that the marriage is unable to fulfil its purpose and the spouses cannot be expected to resume marital cohabitation.

A court ascertains the causes behind the serious disruption of marital relations and takes them into consideration when ruling on a divorce. When ruling on a divorce, a court always takes into account the interests of minors.

4. What the process entails

Slovak citizens submit the following documents to the registry office at least seven days before the marriage:

a) their birth certificate;
b) proof of nationality;
c) confirmation of their place of residence;
d) the death certificate of their deceased spouse, and where appropriate the marriage certificate from their ended marriage, if they are
    widowed, a divorce decree if they are divorced, or a final judgment annulling their previous marriage;
e) proof of their personal identification number;
f) a document that can be used as proof of identity.

In addition to the documents referred to above, a man and a woman who wish to marry must fill in a prescribed form prior to their marriage. In justified cases, only one of them need fill in the form. If a couple are to have a church wedding, the registry office confirms the completed form, which the couple then deliver to the competent church body.

Before marrying in Slovakia, foreign nationals must submit the following documents to the registry office at least 14 days prior to the wedding:

a) their birth certificate;
b) proof of their civil status;
c) a residence card;
d) proof of nationality;
e) the death certificate of their deceased spouse or another public document confirming that their previous marriage has ended,
    if they are widowed;
f) a valid divorce decree or other public document confirming that their divorce is final, if they are divorced;
g) a document that can be used as proof of identity.

5. Non-compliance penalties

A marriage may be annulled under certain circumstances.

6. Who to contact if you’re unsure what to do

Anyone who needs assistance with marriage law may contact the Slovak Bar Association.