9 Kas ir kompetentā iestāde, kurā var vērsties strīdu un citu domstarpību gadījumos?

Concerning divorce, invalidity of marriage or determining the existence or non-existence of marriage, the district court of the district in which the spouses had the last common residence is competent, if at least one of the spouses still lives there. If there is no such court, then the defendant´s general court is competent, and if there is no such court either, then the claimant´s general court (§ 88 Občianskeho súdneho poriadku (OSP) – Code of Civil Procedure). The general court is the court of the district in which a citizen has his/her residence, and if he/she has no residence, it is the court of the district in which the citizen sojourns.

Concerning the settlement of the spouses’ community property or other property after the divorce or the cancelling of the joint rent of a house, the court deciding the divorce is competent. Concerning matrimonial matters, the international jurisdiction of Slovak courts is given if at least one of the spouses is a citizen of the Slovak Republic. If neither of the spouses is a Slovak citizen, the jurisdiction of the Slovak court is given:

  • If at least one of the spouses resides there and if the decision of the court can be recognized in the domestic states of both spouses, or
  • If at least one of the spouses has resided in the Slovak Republic for a longer time, or
  • Concerning the invalidity of marriage, if the spouses live there. (§ 38 ZMPS)