Legal issues Croatia

Foreign nationals can get married in Croatia under the same conditions as Croatian citizens.

1. Choosing the form and place of marriage

In Croatia, two forms of marriage are available:

Civil ceremony: conducted in the presence of a registrar.

Religious ceremony with civil effect: conducted by a minister of a religious community that has an official agreement with the Republic of Croatia.

The ceremony's location can be chosen at your discretion within Croatia. To do this, you must contact the local civil registry office where the ceremony will take place.

2. Preliminary application submission

The couple must personally submit an application of intent to marry at the relevant civil registry office. It is recommended to do this at least three months before the intended date of the wedding. The ceremony date is usually set between 30 to 45 days after application submission, but exceptions to this period may occur in special cases.

3. Required documents

Foreign nationals need to provide the following documents:

- Birth certificate: issued in the country of birth, translated into Croatian, and apostilled.

- Certificate of no impediment to marriage: translated into Croatian and apostilled.

- Confirmation of no impediments to marriage in Croatia: guaranteeing recognition of the marriage in the country of citizenship, translated into Croatian, and apostilled.

- Valid passport: as proof of identity and citizenship.

All documents must be originals or certified copies, translated into Croatian by a certified translator.

4. Witnesses

Two witnesses are required for the ceremony, each of whom must be an adult and legally competent.

5. Administrative fees

The total amount of administrative fees is 27.87 euros, which includes the preparation of the marriage intention protocol and the ceremony itself.

6. Additional requirements

If one of the partners has previously been married, it is necessary to provide documents about the dissolution of the previous marriage (e.g., divorce certificate), translated into Croatian and apostilled.

7. Registration of a marriage concluded abroad

If the marriage was concluded outside of Croatia, it must be registered in the Croatian state register. This requires providing the original marriage certificate with a translation into Croatian, apostilled, as well as proof of citizenship of one of the spouses.

8. Visa requirements

Before traveling to Croatia to get married, foreign nationals must obtain the appropriate visa at the Croatian embassy or consulate in their country. If there is no Croatian representation in the country, the application can be submitted at the nearest Croatian embassy or consulate.

It is recommended to contact the chosen civil registry office in advance to clarify all details and requirements to ensure a successful and timely ceremony.

Registering a child's birth in Croatia is a mandatory procedure that ensures the child's legal recognition and access to state services.

Registration timelines

The birth of a child must be registered within 15 days of birth.

Registration process

Birth in a medical facility: If the child is born in a hospital, the institution will notify the relevant civil registry office about the birth on its own.

Birth outside a medical facility: In this case, the responsibility to notify the civil registry office lies with the child's father, the person whose residence the birth occurred in, the mother (after recovery), the midwife or doctor present at the birth, or any individual who witnessed the birth.

Required documents

For birth registration, the following will be needed:

- Medical certificate of birth: Issued by the institution where the birth took place, or by the doctor/midwife present at the birth.

- Documents verifying the identity of the parents: Valid passports or identity cards.

- Marriage certificate of the parents: If there is a marriage.

If the documents are issued by foreign institutions, they must be legalized (apostille) and translated into Croatian by a certified translator.

Assignment of name and citizenship

Child's name: Parents are obliged to choose a name for the child within 30 days of birth. If the parents have different surnames, they must decide which surname the child will bear.

Citizenship: If one or both parents are Croatian citizens, the child automatically acquires Croatian citizenship. If both parents are foreigners, the child does not automatically acquire Croatian citizenship but can apply for it on general grounds after meeting certain conditions.

Additional steps after registration

After the registration of the birth, it is recommended to:

Establish a permanent residence for the child: Contact the local police department to register the address.

Obtain a personal identification number: This number is necessary for accessing government services and opening bank accounts.

Arrange health insurance: Register the child with the Croatian Health Insurance Institute to receive medical services.

The registration of one's own business in Croatia is available to both nationals and foreign persons, including EU/EEA citizens and third-country nationals. The registration process depends on the chosen legal form and the applicant's status. 

1. Choose the legal form.

2. Registration process

Choose a company name: The name must be unique and comply with Croatian legal requirements. Availability of the name can be checked using the HITRO.HR system.

Preparation of founding documents: For a Limited Liability Company (d.o.o.) and a Simple Limited Liability Company (j.d.o.o.), it is necessary to prepare the articles of association and other founding documents, which must be notarized.

Opening a bank account: After preparing the documents, a temporary bank account must be opened for depositing the share capital.

Filing an application with the court: The registration application is submitted to the commercial court, which enters the company into the court register. The process usually takes up to 5 working days.

Obtaining a statistical number: After registration, it is necessary to obtain a classification number from the Central Bureau of Statistics of Croatia.

Registration with tax authorities and social security funds: The company must be registered with the tax administration, as well as with pension and health insurance funds.

Online services for registration

START system: Allows Croatian citizens with electronic identification to register a business online without the need for personal presence.

e-Obrt service: Intended for the online registration of individual entrepreneurs.

Features for foreign citizens

EU/EEA citizens: Have the right to establish a business in Croatia on the same terms as local citizens. They can use electronic registration services if they have the relevant electronic identity documents.

Third-country nationals: Can establish a business in Croatia, but the process may require additional steps, such as obtaining a residence permit and work permit.

Additional recommendations

It is recommended to consult with lawyers or business consultants specializing in Croatian law to ensure the correctness of all procedures.

Availability of notary services for foreigners

Foreigners have the right to contact any notary in Croatia to obtain the necessary services. A list of notaries is available on the official website of the Croatian Notary Chamber.

Document requirements

Translation of documents: Documents in a foreign language must be translated into Croatian by a certified court translator. Legalization and apostille: Depending on the country of origin of the document, it may require legalization or an apostille for recognition in Croatia.

Identity Identification

When addressing a notary, you must provide a valid identity document, such as a passport or an ID card. 

Services Provided by Notaries

Signature Certification: A notary confirms that the signature on the document belongs to the specified individual.

Drafting of Notarial Acts: A notary can prepare official documents such as contracts, wills, and other legal acts.

Document Storage: Notaries offer services for storing important documents, money, and valuables for subsequent transfer to relevant individuals or organizations.

Features for Foreign Nationals

Foreigners are advised to verify in advance with a notary the requirements for documents and procedures to ensure their compliance with Croatian standards.

The divorce procedure in Croatia is governed by the Family Law and includes several key stages, depending on the presence of minor children and the consent of the spouses to dissolve the marriage.

Ways to Initiate Divorce

Joint Divorce Application: If both spouses agree to divorce, they can submit a joint application to the court.

Lawsuit by One of the Spouses: If there is no consent, one of the spouses may file a lawsuit for divorce.

Mandatory Counseling in the Presence of Minor Children

Spouses with common minor children are required to undergo a mandatory counseling procedure at the Center for Social Welfare before filing a divorce application in court. The purpose of counseling is to inform spouses about the possibilities of family or marital therapy, the legal and psychological consequences of divorce, and also to develop a parenting plan.

Mediation

If the spouses fail to develop a parenting plan during mandatory counseling, they must attend the first session of family mediation, except in cases involving domestic violence.

Court Proceedings

In case of agreement: The court reviews the joint application of the spouses and approves agreements on parental custody, alimony, and property division.

In absence of agreement: The court evaluates the evidence and makes decisions on the dissolution of marriage, child custody, alimony, and property division.

Property Division

Property relations between spouses are regulated by a prenuptial agreement. In its absence, the division of property is carried out by mutual agreement or court decision.

Duration and Costs

The duration of the divorce procedure varies depending on the complexity of the case and the agreement of the parties, usually taking from several months to a year. Court costs depend on the nature of the case and may include state fees and legal representation expenses.

Foreign Nationals

Foreigners can divorce in Croatia if they reside there or if the marriage was registered in Croatia. It is recommended to consult a lawyer specializing in family law to consider all legal nuances.

Private Law Firms and Attorneys

There are numerous law firms and private attorneys in Croatia specializing in various fields of law, including immigration, family, commercial, and criminal law. Some of them provide services in several languages, making communication easier for foreigners.

Immigration Consultants

Specialized immigration consultants provide assistance with issues related to obtaining residence permits, citizenship, employment, and other aspects of foreign residence in Croatia. They can assist with document preparation, application submission, and clarification of legal procedures.

Government Institutions

The Ministry of Internal Affairs of Croatia and other government bodies provide information and consultations on issues related to the legal status of foreigners, including procedures for obtaining residence permits, work permits, and citizenship. Consulting these institutions can be useful for obtaining official information and explanations.

Non-Governmental Organizations 

Some NGOs in Croatia offer free or reduced-fee legal assistance to foreigners, especially in cases related to human rights, asylum, and integration. They can provide consultations, accompaniment to government institutions, and support in legal processes.

Online Resources

There are online platforms and directories where you can find specialists in the field of law, including immigration lawyers and consultants providing services in Croatia. For example, the platform "UEHAT" offers a directory of immigration consultants in Croatia, which can help in finding the right specialist.

Sworn Translators

In Croatia, official translations are performed by sworn translators appointed by the Ministry of Justice. Their translations are considered accurate and complete versions of the original documents and are recognized by government bodies.

Translation Process

Choosing a translator: It is recommended to contact certified sworn translators specializing in the required language pair.

Providing the original: To ensure an accurate translation, it is necessary to provide the original or a certified copy of the document.

Translation and certification: The sworn translator performs the translation and certifies it with their signature and seal, confirming its compliance with the original.

Notarization

In some cases, additional notarization of the translation may be required to confirm the authenticity of the sworn translator's signature. This provides additional legal force to the document.

Apostille and Legalization

Apostille: Croatia is a member of the Hague Convention of 1961, so documents intended for use abroad may require an apostille. An apostille confirms the authenticity of the document and is recognized by countries party to the convention.

Legalization: For countries not participating in the Hague Convention, consular legalization may be required, involving several stages of verification in various institutions.

Recommendations

Consultation: Before starting the process, consult with a translator or legal specialist about the necessary steps for your specific case.

Court System Structure

The judicial system in Croatia has a three-tier structure:

The Supreme Court of the Republic of Croatia: is the highest judicial authority ensuring uniform application of laws and equal protection of citizens' rights.

Intermediate courts:

County Courts: deal with serious criminal cases and appeals against decisions of municipal courts.

The High Commercial Court: handles appeals against decisions of commercial courts.

The High Administrative Court: considers appeals against decisions of administrative courts.

The High Court for Misdemeanors: deals with appeals on misdemeanor cases.

The High Criminal Court: reviews appeals on criminal cases.

First Instance Courts:

Municipal Courts: handle civil, family, and minor criminal cases.

Commercial Courts: deal with commercial disputes and issues related to business activities.

Administrative Courts: address cases related to decisions of state authorities.

Constitutional Court

The Constitutional Court is not directly part of the judicial system but plays a key role in ensuring that laws comply with the Constitution. It considers issues of constitutionality of laws, monitors the activities of political parties, and oversees the legality of elections. The court consists of 13 judges elected by the parliament for an eight-year term.

Appointment of Judges and Their Independence

Judges in Croatia are appointed by the State Judicial Council, consisting of 11 members, including judges, law professors, and members of parliament. Judges are appointed for a permanent term until the age of 70, ensuring their independence and stability of the judicial system.

State Attorney's Office

The State Attorney's Office represents the state in legal proceedings, including criminal, civil, and administrative cases. The Attorney General is appointed by the parliament for a four-year term upon the government's recommendation.

The judicial system of Croatia strives to ensure equality before the law, fair trial, and protection of the rights of all citizens, including immigrants.

Real Estate Purchase Procedure

Choice of property: After selecting suitable real estate, it is recommended to conduct a legal inspection to confirm the legal status of the property and the absence of encumbrances.

Signing of a preliminary agreement: Typically, a preliminary sale-purchase agreement is concluded with a deposit (usually 10% of the cost).

Obtaining consent (for citizens outside the EU/EEA): Buyers from non-EU/EEA countries must apply to the Ministry of Justice and Administration for permission to acquire real estate. The application should be accompanied by documents confirming the seller's ownership right, the legal basis of the transaction, the buyer's citizenship proof, and other necessary documents.

Signing the main agreement: After obtaining all necessary permits, the parties sign the main sale-purchase agreement, which must be notarized.

Registration of property ownership: The buyer submits an application to the land cadastre for property ownership registration. The registration process may take several weeks.

Taxes and fees

Real estate transfer tax: The tax rate is 3% of the appraised value of the property and is paid by the buyer.

Notarial and registration fees: Additional expenses include paying for notary services, registration fees, and possible legal services.

Recommendations

Legal support: It is recommended to consult a local lawyer specializing in real estate to accompany the transaction and ensure its legality.

Translation of documents: All documents related to the transaction must be translated into Croatian by a certified translator.

Restriction check: Before purchasing, it is important to check whether the chosen property falls under categories where acquisition is restricted for foreign citizens.

In Croatia, issues of guardianship and adoption are regulated by the Family Law, which establishes the legal framework for protecting the rights and interests of children.

Guardianship and parental responsibility

Joint parental responsibility: In the event of divorce or parents living separately, they retain joint responsibility for the child unless otherwise determined by the court in the child's best interest.

Guardianship: If a child is left without proper parental care, a guardian is appointed who takes on the duties of caring for and raising the child. A relative or another person who meets the requirements set by law can be appointed as a guardian.

Adoption 

Adoption process: Adoption in Croatia establishes permanent family relations between the adopter and the child, granting the adopter parental rights and responsibilities. Adoption applications are accepted by guardianship and custodial authorities (social services).

Age restrictions: A child can be adopted before reaching the age of 18, provided all legal requirements are met and if the adoption serves the best interests of the child. Children who have reached 12 years old must give their consent to the adoption.

Rights of an adopted child: An adopted child and their descendants gain inheritance rights from the adopters, their blood relatives, and adoptive relatives. The child also has the right to know about the fact of adoption.

Features for foreign citizens

International adoption: The courts or other state authorities of Croatia have jurisdiction in adoption cases if the adoptee or adoptive parents have permanent residence in the Republic of Croatia or are citizens of the Republic of Croatia.

Principle of the best interest of the child: In all processes related to guardianship and adoption, priority is given to the best interests of the child, including their right to participate in decisions affecting their life.