NEW FAMILY CODE AND THE DEJUDICIALIZATION OF DIVORCE IN SLOVENIA

Abstract

In April 2019, the new Family Code came into force in Slovenia, replacing the Marriage and Family Relations Act from 1976. The latter was revised three times, but the family law required and especially children’s law radical substantive, both material and procedural changes and adjustments. One of the key novelties of the new Family Code is the extension of the powers of Slovenian notaries. In addition to their pre-existing responsibilities (e.g. agreement on the division of joint property), the new Family Code also gave them jurisdiction in the area of divorce. The spouses may, by fulfilling prescribed legal requirements, divorce by mutual agreement before a notary. The spouses are, therefore, allowed to reach an uncontested divorce without the involvement of the court, as has been done transiently by many European and non-European countries. The Slovenian legislature wanted to simplify, facilitate and shorten the divorce procedure on one hand, and on the other hand, this new regulation would also contribute to the relief of the courts and the increase of the spouses' autonomy. The author analyses the new legal arrangement for an uncontested divorce before a notary in Slovenia and in the selected comparative national regulations.