Recognition of Foreign Divorce in Croatia

Recognition of a foreign divorce in Croatia gives effect here to a divorce granted in another country, so that the Croatian register of marriages (matica vjenčanih) shows the marriage as ended. Some older lists and lawyer pages call this service “Register Foreign Divorce”. In Croatian the procedure is priznanje strane sudske odluke o razvodu braka, recognition of a foreign court decision on divorce; people also search for registering a foreign divorce in Croatia or having a UK or US divorce recognised in Croatia.

Who this is for

Croatian citizens who divorced abroad and whose marriage appears in the Croatian registers, people of Croatian descent putting their records in order for a citizenship file, foreigners who want to marry again in Croatia, and heirs or owners whose land registry or inheritance matter depends on proving that a marriage ended.

How recognition works

A divorce from another EU member state is recognised under EU rules without a special procedure: the registry generally notes it on the basis of the decision and the certificate issued by the court that granted it. For a divorce from outside the EU, a proposal for recognition is filed with a municipal court, which decides in non-contentious proceedings under the Croatian Private International Law Act. The court does not ask who was right. It examines whether the foreign court had jurisdiction, whether the decision is final, whether the other spouse could take part, whether the matter was reserved for Croatian courts and whether the result offends Croatian public policy. Once the ruling is final, the divorce is noted in the marriage register.

Documents and practical points

• The decision. The original or a certified copy, with proof that it is final, an apostille or legalisation, and a translation by a Croatian court interpreter (sudski tumač).
• The former spouse. The court may ask for the other party's details so that the proposal can be served on them.
• Divorces without a court. A divorce granted abroad by a registry, a notary or a religious body raises its own questions, which a lawyer looks at first.
• From another country. The case can usually be run by a lawyer under a power of attorney, without travelling.

What a lawyer does

A lawyer identifies the route, assembles and translates the file, represents the applicant before the court and follows the note in the register until an updated extract can be issued. Orders on children or maintenance in the same judgment may need separate enforcement of the foreign judgment.

Questions and answers

Will a divorce from the United Kingdom or the United States be accepted?

Not automatically. Divorces from outside the EU, the UK included, generally pass through recognition by a Croatian court before they are recorded.

I want to marry again in Croatia. What comes first?

The registrar needs proof that the earlier marriage has ended, so a divorce from outside the EU is usually recognised first; see marriage registration.

Does the court look again at the reasons for the divorce?

No. Only the formal conditions for recognition are examined.

I divorced in Croatia and need proof. Is that this service?

No. A copy of a Croatian decision is a divorce certificate or decree copy.