Legal issues Slovenia

In Slovenia, foreign citizens can marry both citizens of the country and each other. However, the marriage process requires compliance with certain legal procedures and the provision of necessary documents.

Basic conditions for marriage in Slovenia:

Age: Both partners must be at least 18 years old. If one of the partners is under 18, written consent from the parents is required.

Absence of kinship: Partners must not be blood relatives or be adoptive parents/adopted children.

Witnesses: Two witnesses, who provide their passports or identity documents, must be present at the ceremony.

Required documents for foreigners:

Proof of citizenship: A valid passport or identity card.

Birth certificate: Original or notarized copy, not older than six months.

Certificate of marital status: Proof that you are not married.

Certificate of no impediments to marriage abroad: A document confirming that there are no legal obstacles to marry in Slovenia.

Additional documents: If previously married, you must provide a divorce certificate or a death certificate of the previous spouse.

All documents issued outside Slovenia must be properly authenticated (e.g., with an apostille) and translated into Slovenian by a certified translator.

Marriage registration procedure:

Application submission: A joint application must be submitted at an administrative office at the planned place of marriage. The application can be submitted six months in advance but no later than two weeks before the desired wedding date.

Application review: After the application is submitted, the authorities review the provided documents and set the date of the ceremony.

Ceremony: The civil ceremony is conducted in official premises of the administrative unit. For justified reasons (such as serious illness), the ceremony can be conducted elsewhere.

Features:

Ceremony language: The ceremony is conducted in Slovenian. If one of the partners does not speak Slovenian, a certified interpreter must be present.

Same-sex marriages: Same-sex marriages are recognized in Slovenia.

After marriage, a foreign spouse has the right to apply for a residence permit in Slovenia. However, marriage does not automatically grant citizenship; additional requirements, including a certain period of residence in the country, must be met.

It is recommended to contact local authorities or the consulate in advance to obtain up-to-date information and clarify all procedure details.

Birth Registration

After a child is born in Slovenia, the medical institution issues a birth certificate. Based on this certificate, parents are required to register the birth of the child within 30 days at the local administrative body. The following documents must be provided during registration:

Birth certificate from the hospital.

Parents' personal documents: Passports or identity cards.

Marriage certificate (if the parents are married).

If the parents are not married, the father must officially acknowledge paternity, which can be done at the social welfare center or the administrative body.

Obtaining a birth certificate

After the birth is registered in the registry, a birth certificate for the child is issued. This document confirms the child's personal data, including name, date and place of birth, as well as information about the parents.

Assignment of an identification number

During the registration process, the child is assigned a unique citizen identification number of Slovenia, which is used for accounting in various state systems.

Obtaining a residence permit for the child

Since a child of foreign citizens does not automatically receive Slovenian citizenship, a residence permit must be arranged for them. The process is initiated by the administrative body, which sends a request to the parents for the following documents after the birth registration:

Photograph of the child.

Copy of the child's passport.

If the passport is not yet issued, it is recommended to notify the administrative authority and request an extension for the document submission deadline. After obtaining the passport, a copy must be provided to the administrative authority to complete the residence permit application process.

Child's health insurance:

In the first 60 days after birth, the child can receive medical services under the mother's insurance. After this period, separate medical insurance must be arranged for the child. For this, the employed parent in Slovenia must submit an application on the M-DČ form to the Health Insurance Institute of Slovenia to register the child in the compulsory health insurance system.

Obtaining citizenship of the parents' country

Since the child does not automatically receive Slovenian citizenship, parents should contact the consulate of their country to register the child and arrange for their citizenship.

Registering your own business in Slovenia is a process available to both citizens of the country and foreign individuals.

1. Choose the legal form.

2. Company registration: The registration process can be carried out via the single portal for entrepreneurs (e-VEM) or in person at one of the VEM offices. The main steps include:

Choosing a company name: The name must be unique and comply with legal requirements.

Preparation of founding documents: includes the company's articles of association and other necessary documents.

Opening a bank account: for depositing the share capital.

Court registration: submission of an application to the relevant district court for official registration.

3. Taxation and obligations: After registration, it is necessary to:

Obtain a tax number: mandatory for all types of business.

Register in the tax system: includes VAT (if applicable) and other taxes.

Enroll in compulsory social insurance: for employees and, in the case of s.p., for the entrepreneur themselves.

4. Licenses and permits: Depending on the type of activity, additional licenses or permits may be required. It is recommended to consult the relevant authorities or professional consultants to clarify the requirements.

5. Additional resources: For detailed information and access to necessary forms, it is recommended to visit the official portal for entrepreneurs in Slovenia.

It is advisable to contact professional consultants or legal specialists to ensure the correct completion of all procedures.

In Slovenia, notaries play a key role in ensuring the legal security of transactions and documents, providing a wide range of services to both citizens and foreigners.

Main notary services in Slovenia

Drafting and certifying documents: notaries prepare and certify various documents, including real estate sale agreements, wills, marriage contracts, and other legal acts.

Certification of signatures: confirmation of the authenticity of signatures on documents.

Handling inheritance cases: notaries deal with the administration of estates and the distribution of property among heirs.

Company registration: assistance in the creation and registration of new enterprises.

Features of obtaining notary services for foreigners

Language of documents: The official language of notary documents in Slovenia is Slovene. If a foreigner does not speak Slovene, it is recommended to engage a sworn translator for translating documents to ensure full understanding of the content.

Identity verification: To obtain notary services, a valid passport or ID card must be provided. The notary must identify the client before performing the notary act.

Apostille and legalization: Slovenia is a party to the Hague Convention, so documents issued in other member countries must be apostilled for use in Slovenia. Documents from countries not part of the convention are subject to consular legalization.

Choosing a notary: Foreigners can contact any notary in Slovenia. A list of notaries is available on the website of the Chamber of Notaries of Slovenia.

Consular Notarial Services: Foreign nationals can obtain certain notarial services at the consular offices of their countries located in Slovenia.

Obtaining notarial services in Slovenia for foreigners is a transparent process, provided that local requirements and procedures are followed. Consulting with qualified professionals and thorough preparation can help ensure the successful completion of necessary notarial actions.

In Slovenia, the divorce procedure is regulated by the Family Code and can be carried out in two main ways:

Mutual Consent Divorce

Conditions: Both spouses agree to divorce. An agreement on the division of joint property, child custody, visitation rights, and alimony has been reached.

Procedure: The spouses file a joint application with the district court in the area of their last joint residence.

The application must include:

- A notarized agreement on the division of property and other aspects.

- A parenting plan, if there are minor children.

The court reviews the application and, if there are no objections, issues a divorce decree.

Contested Divorce

Conditions: One of the spouses does not agree to divorce or there is no agreement on key issues.

Procedure:

The initiating spouse files a lawsuit in the district court.

The court evaluates whether the marriage is unsustainable and irreparable.

If there are minor children, the court considers their best interests and may request a report from the Social Welfare Center.

After reviewing all circumstances, the court makes a decision to dissolve the marriage.

Special Considerations for Foreigners

Jurisdiction: Foreign nationals may divorce in Slovenia if they reside within its territory or if the marriage was contracted in Slovenia.

Recognition of Foreign Decrees: Divorce decrees issued in other countries can be recognized in Slovenia under certain conditions.

Language: The official language of court proceedings is Slovene. It is recommended to engage a sworn translator if necessary.

Recommendations

Legal Consultation: Before starting divorce proceedings, it is advisable to consult a family law specialist to obtain detailed information and assistance in preparing documents.

Mediation: In case of disputes over child custody or property division, it is recommended to use mediation services to reach a mutually acceptable agreement.

In Slovenia, foreign nationals have access to a variety of sources for legal assistance and consultation.

Legal Services

Law Firms: Many law firms in Slovenia specialize in providing services to foreigners, including consultations on immigration, real estate, family law, and more.

Immigration Consultants

Specialized Companies: Offer immigration services, including consultations on obtaining residence permits, citizenship, and adaptation in Slovenia.

Online Resources

Specialist Search Platforms: Websites like Uehat.com offer directories of immigration consultants and lawyers in Slovenia, allowing for the selection of suitable specialists.

Obtaining qualified legal assistance in Slovenia is an important step for successful integration and resolving legal issues. It is recommended to contact professionals with proven reputations and experience working with foreign clients.

Sworn Translation

In Slovenia, official documents must be translated by sworn translators who are state-accredited and registered with the Ministry of Justice. Such translations are recognized by government bodies and institutions.

Notarial Certification

In most cases, sworn translators registered with the Ministry of Justice have the right to independently certify official documents. However, in some situations, additional notarial certification of the sworn translator's signature may be required.

Apostille and Legalization

Slovenia is a participant in the 1961 Hague Convention, so documents issued in other participating countries must be apostilled for use in Slovenia.

Translation Procedure

Providing the Original Document: The translator needs to be provided with the original or a certified copy of the document for translation.

Translation and Certification: A sworn translator performs the translation and certifies it with their stamp and signature.

Additional Certification (if necessary): In some cases, notarial certification of the translator's signature may be required.

Structure of the Judicial System:

General Courts:

Local Courts: Handle minor criminal cases and small civil disputes.

District Courts: Handle more serious criminal and civil cases.

Higher Courts: Hear appeals on decisions of local and district courts.

Supreme Court: It is the highest judicial authority, ensuring the uniformity of judicial practice and considering cassation appeals.

Specialized Courts:

Labor and Social Courts: Handle disputes related to labor relations and social security.

Administrative Court: Deals with matters related to decisions by government bodies and administrative disputes.

Principles of Operation:

- Independence: Courts operate independently of the legislative and executive branches, adhering only to the Constitution and laws.

- Irremovability of Judges: Judges are appointed for a permanent term, guaranteeing their independence and impartiality.

- Openness: Court proceedings are generally open to the public, ensuring transparency in justice.

- Two-tier Appeal System: Provides for the possibility of reviewing decisions by higher courts, ensuring the protection of the rights of process participants.

Constitutional Court: Monitors the conformity of laws and other normative acts to the Constitution, as well as considers complaints regarding constitutional rights and freedoms violations.

Features for Foreigners

Foreign citizens in Slovenia enjoy equal rights to judicial protection. Interpreter services are provided if necessary to ensure understanding of court procedures and documents.

Purchase Procedure

Property Selection: It is recommended to contact a licensed realtor to select a suitable property and negotiate with the seller.

Preliminary Agreement: After agreeing on terms, a preliminary sales agreement is signed, which may be accompanied by a deposit.

Legal Verification: It is necessary to verify the legal status of the property, including any encumbrances, third-party rights, and document compliance.

Final Agreement: The main sales contract is signed, which must be notarized.

Registration of Ownership: After signing the agreement, an application must be submitted to the Land Register to register ownership in the buyer's name.

Taxes and Fees

Real Estate Transfer Tax: The rate is 2% of the property value and is usually paid by the seller, unless otherwise specified in the contract.

Value Added Tax (VAT): Applies to the sale of new real estate properties, at a rate of 22%. In such cases, VAT replaces the real estate transfer tax.

Recommendations:

Legal Support: It is recommended to use the services of an experienced lawyer specializing in real estate to accompany the transaction and ensure its legality.

Document Verification: Carefully check all documents related to real estate, including title documents, technical specifications, and encumbrances.

Consideration of Additional Costs: In addition to the cost of the property, consider additional expenses such as taxes, notary fees, and registration costs.

In Slovenia, guardianship and adoption issues are regulated by the Family Code, which establishes the legal framework for the protection of the rights and interests of children.

Adoption

Full Adoption: Slovenia adopts a system of full adoption, where the child is completely excluded from their biological parents' family, and all rights and responsibilities are transferred to the adoptive parents. After adoption, the relationships between the child and their descendants, as well as adoptive parents and their relatives, are considered familial.

Requirements for adopters: Adopters can be adults capable of providing the child's well-being. The age difference between the adopter and the child must be at least 18 years. Since 2022, same-sex couples in Slovenia are allowed to marry and adopt children on the same terms as opposite-sex couples.

International adoption: Children with Slovenian citizenship can be adopted by foreign citizens only if it is impossible to find foster parents in Slovenia. Adoption issues are under the jurisdiction of the Ministry of Labor, Family, Social Affairs, and Equal Opportunities.

Guardianship

Appointment of a guardian: Guardianship is established to protect the rights and interests of minor children left without parental care, as well as adults recognized as incapacitated. An individual capable of providing care and protection for the ward can be appointed as a guardian.

Responsibilities of a guardian: The guardian is responsible for the upbringing, education, health, and overall well-being of the ward, acting in their best interests. Guardianship is monitored by the relevant state authorities to ensure compliance with the ward's rights.

Children's rights

Equality of rights: Children born out of wedlock have the same rights and obligations as children born in marriage. This includes the right to care, upbringing, and inheritance.

Participation in decision-making: When considering issues concerning a child, their opinion is taken into account if they are capable of expressing it and if it is consistent with their age and maturity.

Recent legislative changes

In October 2022, the Slovenian Parliament amended the Family Code to legalize same-sex marriages and grant same-sex couples the right to adopt children. This made Slovenia the first country in Eastern Europe to recognize such rights.