Can I divorce without a court, and when is it done before a notary?
Yes – if you have no shared minor children and agree on everything, you can divorce before a notary, without a court and even in a single visit. This option was introduced by the Family Code, which has applied in full since 15 April 2019. For a consensual divorce before a notary you must agree on the division of common property, on who stays as tenant of the home, and on any maintenance for a spouse without means. The marriage is dissolved on the day the notarial record is signed, and the notary sends it to the administrative unit for entry in the register within eight days. The myth that every divorce goes to court no longer holds – only couples with shared minor children or those who cannot agree must go to court. In a court divorce a counselling session at the social work centre is usually required first, and the court also decides on custody, maintenance and contact with the children.
📋 The rules
- A consensual divorce before a notary is possible only if the spouses have no shared minor children and agree on the divorce and its consequences.
- For a notary divorce they must agree on the division of common property, the tenancy of the shared home and maintenance for a spouse without means.
- The marriage is dissolved on the day the notarial record is signed; the notary sends it to the administrative unit within eight days for entry in the register.
- If the spouses have shared minor children or cannot agree, the court decides on the divorce.
- Before filing at court, a prior counselling session at the social work centre is generally mandatory.
🔓 Exceptions
- The counselling session is not required where a couple divorces consensually before a notary and has no shared minor children.
- Counselling is not mandatory if the spouses have no shared children under their parental care, or if one lacks capacity to judge or has an unknown address.
- Even in a court divorce the spouses may propose an agreement on custody, maintenance and contact; the court checks it against the child's benefit.
⚠️ Penalties & fines
In divorce the "penalty" is not a fine but the costs, time and disputes that arise when there is no agreement. If the couple cannot agree or have shared minor children, the divorce moves to court, where it takes longer and brings court and lawyer costs. A consensual divorce before a notary is quick only if the agreement is complete – if the division of property, the tenancy or spousal maintenance is unresolved, the notary cannot conclude the record and the case falls back to court. A wrong division or concealed property can be challenged even after the divorce, with default interest and enforcement costs running. Unresolved child maintenance means court enforcement and, in serious cases, criminal liability for non-payment. After divorce the statutory right to inherit from the former spouse ends, and tax reliefs and social-insurance rights also change, which surprises many only later.
📎 Official sources
- PISRS · legislation register (Family Code, divorce) →
- e-uprava · divorce, annulment and non-existence of marriage →
- Chamber of Notaries of Slovenia · consensual divorce before a notary →
❓ Frequently asked
Can I divorce without going to court?
Yes, if you and your spouse have no shared minor children and agree on all the consequences, you divorce before a notary with a notarial record. The marriage ends on the day it is signed, and the notary reports the divorce to the administrative unit within eight days for entry in the register.
What do I need for a consensual divorce before a notary?
You must agree on dividing the common property, on who stays or becomes the tenant of the shared home, and on maintenance for a spouse who has no means to live. If any of these points is unresolved, the notary cannot conclude the record and the divorce moves to court.
What if we have minor children?
When spouses have shared minor children, the divorce is always decided by a court, which at the same time rules on custody and upbringing, maintenance and contact. Before filing, a prior counselling session at the social work centre is generally mandatory.
Is the counselling session always mandatory?
The prior counselling session at the social work centre is generally mandatory in a court divorce, but not for a consensual divorce before a notary without minor children. It is also not required where a spouse lacks capacity to judge or has an unknown address.
When am I officially divorced?
With a notary divorce you are divorced on the day the notarial record of the divorce agreement is signed. With a court divorce the divorce takes effect once the judgment becomes final, and in both cases it is entered in the civil register.
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