Family Law in Serbia
Division of Marital Property in Serbia
The division of marital property in Serbia follows the principle of community property. Assets acquired during the marriage (whether registered in one spouse’s name or jointly) are considered common property and must be divided equitably after divorce.
- Common Property: Assets in this category include:
- The spouses’ income;
- Real estate or personal property purchased during the marriage;
- Savings;
- Business shares or other investments made during the marriage.
- Separate Property: Assets acquired before marriage or received as inheritance or gift during the marriage remain the personal property of the receiving spouse and are not subject to division.
Division Criteria: While the law favors equitable distribution, one spouse may request a different allocation by proving a greater contribution to the household’s well-being, even if the contribution was non-financial (such as managing the household or raising children). The court considers both financial and non-financial contributions.
Prenuptial Agreements: If the spouses have signed a prenuptial agreement, it may provide specific terms for property division in the event of divorce. Although less common in Serbia, such agreements are legally recognized.
In cases of disagreement, the court will determine a fair division of assets, taking into account the needs of both parties and the children.
Note: This text provides general information and does not constitute legal advice. For specific questions and legal advice, please consult a lawyer.
Author
Vojislav S. Dulić
Vojislav Dulić is an attorney at law born in Herceg Novi, specifically in the town of Bijela.
He successfully completed his primary and secondary education in Geneva, thus acquiring an international education and perspective that further enriches his practice. Upon returning to Serbia, he further honed his knowledge and skills by practicing law in Belgrade, where he had the opportunity to work on various complex cases at a prestigious law firm.
He further complemented his practice by working in Geneva, within various branches of law. He speaks English, French, and Italian.
He is a member of the Belgrade Bar Association.
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