Legal issues Slovakia

In Slovakia, foreigners can marry each other or citizens of the Slovak Republic. The marriage procedure is regulated by local civil registry offices.

 

Required documents for foreigners:

- Birth certificate: original or certified copy.

- Document confirming marital status: certificate of no impediment to marriage, issued by competent authorities of the country of citizenship.

- Valid passport: for identity and citizenship verification.

- Proof of residence: document confirming current place of residence.

- Documents on the termination of previous marriages (if applicable): divorce certificate or death certificate of the previous spouse.

 

All foreign documents must be legalized (apostille or consular legalization) and translated into Slovak by an official translator.

 

Application procedure: The couple must submit an application of intention to marry to the local civil registry office at the place of the ceremony at least 14 days before the planned date.

 

Additional information

Place of marriage: The marriage can be conducted at any civil registry office in Slovakia, regardless of the spouses' place of residence.

Church marriage: Possible, but prior arrangement with the appropriate religious institutions is required.

Recognition of marriage abroad: To recognize a marriage contracted in Slovakia in another country, legalization of the marriage certificate and its translation into the appropriate language may be required.

 

It is recommended to contact the local civil registry office in advance to clarify all requirements and ensure timely preparation of necessary documents.

Steps for registering a child's birth

 

Contact the local civil registry office at the place of the child's birth or the parents' residence within 3 working days of the child's birth.

 

Provide the necessary documents:

- Medical birth certificate: issued by the maternity hospital or medical facility where the birth took place.

- Parents' passports: valid passports of both parents.

- Marriage certificate: if the parents are married; the document must be translated into Slovak and, if necessary, legalized.

- Parents' birth certificates: may be required to confirm personal data.

 

Translation and legalization of documents

Translation: All documents issued outside Slovakia must be translated into Slovak by a certified translator.

Legalization: Depending on the country of origin of the document, an apostille or consular legalization may be required.

 

Additional information

Granting citizenship to the child:

If at least one parent is a Slovak citizen, the child automatically acquires Slovak citizenship.

If both parents are foreigners, the child acquires citizenship in accordance with the legislation of the parents' country of citizenship.

 

Medical insurance for the newborn:

Within 60 days after the child's birth, it is necessary to register them with a chosen medical insurance company. Until then, the child is insured with the same company as the mother.

 

Obtaining a birth certificate:

After registering the birth, a Slovak birth certificate is issued.

For use outside Slovakia, its legalization and translation into the appropriate language may be required.

 

It is recommended to familiarize yourself with the requirements of local authorities in advance and prepare all necessary documents to ensure the registration process goes smoothly and timely.

Registering your own business in Slovakia for foreign citizens requires compliance with certain procedures and submission of necessary documents.

 

Registration as a sole trader

To register as a sole trader, it is necessary

submit an application to the local trade licensing office (Živnostenský úrad):

In person: fill out the appropriate form and provide the necessary documents.

Online: via the portal (https://www.slovensko.sk/en/life-situation/life-situation/_notifying-a-trade).

 

Provide the following documents:

- Valid passport.

- Proof of residence.

- Criminal record certificate (not older than 3 months) with an official translation into Slovak.

 

Pay the administrative fee:

In person: 5 euros for each free trade activity.

Online: 0 euros for each free trade activity.

 

Processing time: up to 3 working days.

 

 

Registration of a limited liability company

To register, you need to prepare the founding documents: Articles of Association or Memorandum: must include company information, including name, address, types of activities, and founders' details.

 

Open a bank account: Deposit the statutory capital (minimum 5,000 euros).

 

Submit an application to the Commercial Register (Obchodný register):

Online: via the portal (https://www.slovensko.sk/en/life-situation/life-situation/_setting-up-a-company).

In person: at the relevant court.

 

Provide the following documents:

- Founding documents.

- Proof of payment of statutory capital.

- Criminal record certificate for directors.

- Confirmation of the right to use the legal address.

 

Pay the registration fee:

Online: 150 euros.

In person: 300 euros.

 

Processing time: up to 2 working days.

 

Additionally

Registration with tax authorities: After business registration, it is necessary to register with the tax office to obtain a tax identification number.

Registration in the social and medical insurance system: Mandatory for all entrepreneurs.

Obtaining licenses and permits: Depending on the type of activity, additional licenses may be required.

 

It is recommended to seek consultation with local lawyers or specialized agencies to ensure compliance with all requirements and successful business registration in Slovakia.

Main notarial services for foreigners:

- Certification of signatures and documents: confirmation of signature authenticity on various documents, including powers of attorney, contracts, and statements.

- Drafting and certifying contracts: assistance in preparing and certifying legal agreements.

- Apostille on documents: placing an apostille on official documents for use outside Slovakia.

- Court translation: official translation of documents into Slovak with notarial certification.

 

Features of obtaining notarial services

 

Language barrier:

Document translation: all documents presented to a notary must be in Slovak. If the originals are in another language, an official translation by a certified translator is required.

Translator participation: if not proficient in Slovak, it is recommended to have a translator present during the notarial act.

 

Document legalization

Apostille: for the use of Slovak documents abroad, an apostille is required.

Consular legalization: in cases where an apostille is not applicable, consular legalization of documents is required.

 

Identity verification

Documents: a valid passport or another identity document must be provided.

Additional information: depending on the nature of the notarial act, additional documents confirming legal capacity or authority may be required.

 

Appointment scheduling

Consular offices: for notarial services at consulates, it is recommended to schedule an appointment.

Private notaries: many notarial offices also operate by appointment, which helps avoid waiting.

 

Recommendations:

Consultation: contact a notary or legal consultant to clarify requirements and procedures.

Check the relevance of information: legislation may change, so it's important to clarify current requirements before seeking services.

In Slovakia, the divorce procedure is regulated by the Civil Procedure Code and includes several key stages.

 

Filing for divorce: The application is submitted to the district court at the respondent's place of residence; it is necessary to state the reasons for the divorce, information about children (if any), as well as proposals for the division of property and child custody.

 

Court proceedings

Amicable agreement: the court may suggest that the spouses attempt to reach an amicable agreement or undergo mediation; if no amicable agreement is reached, the court hears the case, evaluating the evidence and hearing both parties.

 

Court decision

Divorce: Upon establishing that the marriage is seriously disrupted and the resumption of family life is impossible, the court issues a divorce decree.

Child custody: The court determines with whom the children will reside and also establishes the visitation schedule and alimony obligations.

Division of property: In the absence of an agreement between the spouses, the court distributes the jointly acquired property.

 

Appeal: The parties have the right to appeal the court's decision within 15 days from its receipt.

 

Features for foreign citizens

Applicable law: If one of the spouses is a foreigner, the court may apply the legislation of another country if this is provided for by international treaties or agreements.

Recognition of divorce abroad: A divorce decree by the Slovak court may require recognition in another country, depending on its legislation.

 

Recommendations

Legal consultation: It is recommended to consult a lawyer specializing in family law for professional assistance.

Mediation: Consider the possibility of mediation as an alternative method of dispute resolution, which can speed up the process and reduce emotional stress.

Migration Information Centre of the International Organization for Migration

Provides free legal consultations for migrants on issues of residence, employment, business, family reunification, housing, social security, healthcare, education, and citizenship. Consultations are available in Slovak, English, Ukrainian, and Russian languages.

Contact information:

Phone: +421 2 5263 0023

Email: mic@iom.int

Website: (https://www.mic.iom.sk/)

 

Legal Aid Centre

A state organization providing free legal assistance to low-income individuals. The center assists in civil, family, labor, and commercial matters, as well as in administrative legal proceedings.

Contact information:

Phone: +421 650 105 100

Email: info@centrumpravnejpomoci.sk

Website: https://www.centrumpravnejpomoci.sk/en

 

Human Rights League

A non-profit organization providing legal consultations for refugees and foreigners, as well as legal, psychological, and social services for victims of hate crimes, discrimination, and intolerance.

Contact information:

Phone: +421 918 366 968

Email: hrl@hrl.sk

Website: [https://www.hrl.sk/sk](https://www.hrl.sk/sk)

 

Slovak National Centre for Human Rights

Provides free legal consultations and representation for victims of discrimination and intolerance.

Contact information:

Phone: +421 2 2085 1111

Email: info@snslp.sk

Website: https://www.snslp.sk/

 

Slovak Humanitarian Council

Provides legal and social consultations, assistance with finding housing, medical services, schools, material aid, oral translation, and assistance when visiting institutions, as well as psychological support.

Contact information:

Phone: +421 2 5557 7755

Email: shr@shr.sk

Website: http://www.shr.sk/

 

It is recommended to contact the specified organizations to obtain detailed information about the available services and their terms.

Judicial (sworn) translation

A judicial translator (also known as a sworn translator) is a specialist authorized by the Ministry of Justice of the Slovak Republic to perform official translations. Such translations are certified with a round stamp bearing the state emblem of Slovakia and the translator's certification inscription.

 

Procedure for Formalizing Court Translation

Choosing a translator: It is necessary to approach a court translator registered in the registry of the Ministry of Justice of Slovakia.

Providing documents: The original document or its notarized copy is handed over to the translator for translation.

Certification of the translation: After translation, the document is bound with the original or notarized copy, sewn with a tricolor ribbon, and certified with the seal and signature of the translator.

 

Legalization and Apostille:

Apostille: For the use of Slovak documents outside of Slovakia or foreign documents in Slovakia, an apostille may be required.

Consular legalization: In cases where an apostille is not applicable, consular legalization of documents is required.

Structure of the Judicial System

 

Court of First Instance

District courts: Handle most civil and criminal cases.

Specialized Criminal Court: Deals with cases related to corruption, organized crime, and terrorism.

 

Second Instance Courts: Regional Courts: Serve as an appellate instance for district court decisions.

 

Supreme Court: Acts as the highest judicial authority, reviewing cassation appeals and ensuring uniformity in judicial practice.

 

Constitutional Court: Ensures the compliance of laws and other legal acts with the Constitution, considers complaints of constitutional rights and freedoms violations.

 

Features of the Judicial System

Independence of judges: Judges are appointed for an indefinite term and have immunity, ensuring their independence in decision-making.

Publicity of court proceedings: Judicial hearings are generally open to the public unless otherwise provided by law.

Accessibility of justice: Citizens have the right to free legal assistance under certain conditions, contributing to ensuring access to justice for all segments of the population.

Use of modern technologies: The implementation of electronic systems and online services simplifies interactions between citizens and judicial authorities and increases the efficiency of the judicial process.

Purchasing real estate in Slovakia for foreigners is a process that requires a careful approach and adherence to certain procedures.

 

Checking the legal purity of the object

Land Registry: Checking information about the owner and the presence of encumbrances or restrictions.

Technical condition: Assessment of the property's condition and possible hidden defects.

 

Concluding a preliminary contract

Reservation agreement: Captures the parties' intent to conclude the main contract of sale and is usually accompanied by a deposit.

Deposit refund conditions: Defined in the contract; if the buyer withdraws from the transaction, the deposit may not be refunded.

 

Preparation and signing of the main sale contract

Contract content: Includes a description of the property, price, payment conditions, and transfer of ownership.

Notarial certification: The contract must be notarized for subsequent registration.

 

Payment

Payment methods: Bank transfer, letter of credit, or use of an escrow account for transaction security.

Taxes and fees: The purchaser is obliged to pay the relevant taxes and fees related to property acquisition. In Slovakia, the buyer does not pay a property purchase tax. The annual property ownership tax depends on the type and location: apartments 10–40 euros per year; houses: 40–150 euros per year.

 

 

Registration of ownership right

Submission of an application to the Land Registry: After signing the contract, it is necessary to register the transfer of ownership rights.

Land Registry registration fee:

Standard registration (up to 30 days): 66 euros.

Accelerated registration (up to 15 days): 266 euros.

Registration term: Usually takes 30 days; for an accelerated procedure, 15 days.

 

Additional costs

Notarial services: Payment for notary services for certifying documents (100–400 euros, depending on contract complexity and region).

Legal consultations: If necessary, hiring a lawyer to accompany the transaction (500–1,500 euros depending on transaction complexity).

Real estate agency commission: if the purchase is made through an agency (3-5% of the property's cost).

 

Recommendations

Legal support: it is recommended to involve a lawyer familiar with local legislation to accompany the transaction.

Thorough inspection: before signing the documents, ensure there are no encumbrances or restrictions on the property.

Guardianship: Guardianship is established when a child's parents cannot fulfill their responsibilities for various reasons, including death, deprivation of parental rights, or being declared incompetent.

Appointment of a guardian: The court appoints a guardian who takes responsibility for raising and representing the child's interests.

Guardian's duties: The guardian is obliged to care for the child's health, education, and general well-being, acting in the best interests of the child.

State control: The guardian's activities are monitored by guardianship authorities, who may intervene in case of violations.

 

Adoption: Adoption provides a child with new family relationships, in which the adopters assume all parental rights and responsibilities.

Requirements for adoptive parents:

Age: An adopter must be over 25 years old.

Marital status: Adoptive parents can be married couples or single individuals.

Health and moral qualities: Candidates must be physically and mentally healthy and possess positive moral qualities.

Adoption procedure: Candidates submit an application to the relevant guardianship authority; an assessment of living conditions, financial situation, and psychological readiness for adoption is conducted; candidates attend mandatory adopter preparation courses; upon a positive conclusion from the guardianship authority, the case is forwarded to the court for a final decision.

International adoption: Slovakia is a participant in the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, ensuring compliance with international standards when adopting children by foreign citizens.

Features for foreign citizens

Foreign citizens can act as guardians or adoptive parents when certain conditions are met:

Residence: Preference is given to individuals residing in Slovakia.

Collaboration with accredited agencies: International adoption is conducted through authorized organizations ensuring the process aligns with international standards.

Recognition of decisions: Adoption decisions made in Slovakia are recognized in other countries that have signed the relevant international agreements.

 

Recommendations: Before starting the process, it is recommended to consult a specialist in family law for detailed information and support.