Family Law in Montenegro
Family Law in MontenegroUpdated on Tuesday 18th May 2021
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Just like other countries, Montenegro regulates relationships between persons through the Family Law. In the past few years, the act was modified in order to provide for enhanced protection of children.
Below, our lawyers in Montenegro explain the main provisions of the Family Law.
The main provisions of the Family Act in Montenegro
The Montenegrin Family Act is made of several chapters providing for the following:
- marriage registration as the main way of creatin a family in Montenegro;
- the rights and duties of every spouse in the relation to one another;
- divorce procedures as a legal means of terminating a marriage;
- child related matters (rights of children, custody in case of divorce).
The Family Law in Montenegro regulates the marriage and relationships in marriage, the relationships between children and parents, the adoption, the fostering, the custody, the support, the property relationships within a family and the actions of the authorized authorities in connection with marriage and family relationships. In case you require more details on the Family Law in Montenegro, our lawyers in Montenegro can offer a more thorough presentation of the most significant provisions stated in this law.
Our lawyers in Montenegro are at the service of those who want to get married here and need to understand the main requirements for marriage registration.
Marriage and divorce in Montenegro
The Family Law in Montenegro can provide the legal framework for the right to get married, have children, divorce or to live in a civil partnership. In case you are interested in finding out more about the Montenegro family legislation, our attorneys in Montenegro can provide the relevant information, depending on your needs.
A marriage in Montenegro is legally recognized for two persons who have the legal ability to get married and who are at least 18 years of age.
The divorce in Montenegro can be done if a spouse asks for a marriage divorce in case the relationship in the marriage has been “seriously and permanently” damaged or if the marriage purpose cannot be achieved for whatever reason.
The partners of a marriage can request to be divorced based on their agreement. Together with a divorce proposal by consent, the marriage partners have to submit a written agreement on the child custody rights and on the joint real estate separation. Our Montenegro lawyers can provide more details on the divorce proceedings in this country.
Parental rights in Montenegro
The parental rights in Montenegro involve the rights and obligations of the parents to take care of their minor children. Our attorneys in Montenegro can offer more information on the parental rights in this country.
Parental rights in Montenegro belong both to the mother and the father. A child has the right to maintain a personal relationship with the parent who does not live with him or her.
The court could take the decision to restrict the right of a child to maintain personal relationships with the parent he or she does not live with in case there are reasons for restrictions or forbidding a parental right in case there is proof of violence in the family.
Rights and duties of spouses under the Montenegrin Family Law
First of all, it should be noted entering a marriage can be done with the consent of the future spouses. Then, in order to be recognized, the marriage must be registered (based on specific documents and in the presences of witnesses) with the Civil Registry of the city in which one or both spouses live (exceptions are made in the case of foreign citizens who can choose the city they want to get married in if they want to hold their ceremony in Montenegro).
Religious marriage is also possible in Montenegro.
Once the marriage is celebrated, both spouses will acquire several rights and duties. Among these:
- the first and most important rights are equality, faithfulness and respect;
- the spouses can decide together the place they will live in;
- each spouse has the right to decide his/her own profession;
- both spouses will decide together on the upbringing of children;
- both spouses must contribute to the raise and education of their children.
However, there are cases where marriages breakdown and termination is possible. The spouses can agree on a mutual divorce, however, there are also cases in which only one of the spouses wants to exit the marriage.
It should also be noted that marriage annulment is provided for in the Family Act. There are various circumstances under which a decision to declare a marriage unlawful can be issued by a Montenegrin family court.
Our law firm in Montenegro can offer assistance in family disputes that are well-regulated in this country.
Rights of children under the Family Act
Children benefit from enhanced protection according to the Family Law in Montenegro. These have the right to be taken care of from multiple points of view, including health and education, until they become adults.
However, compared to other countries, in Montenegro, children acquire more decision-making rights once they turn 15 of age. Among these, they can choose the parent they want to live with in the case of a divorce.
In the case of marriage termination, it is often a judge who decides who custody is awarded to with respect to minor children under the age of 15. However, the other parent will still have visiting rights and the duty to provide for the wellbeing of the offspring.
An important aspect covered by the Montenegrin Family Law is adoption, as this is one of the main rights of children born in this country.
If you need legal advice on family matters, our attorneys in Montenegro are at your disposal.
Foreign citizens and the Family Law of Montenegro
Foreign citizens who decide to relocate here and who become permanent residents and then citizens of this country can benefit from the provisions of the Family Law. These can also decide to get married here and return to their home countries, case in which they need to have their marriages recognized in the states they live in.
In the case of foreign spouses who live in Montenegro temporarily and who decide to terminate their marriages, the law applicable can be the one in their home countries unless they decide otherwise.
Family lawyers in Montenegro
When dealing with matters related to the Civil Law which also includes relationships between spouses, our family lawyers in Montenegro can help you, no matter if you need guidance in marriage registration, termination, or child custody.
When it comes to marriage and divorce numbers, according to the Montenegro Statistics Office, in 2019:
- there were 3,523 marriages registered in Montenegro;
- there were also 841 divorces registered;
- the number of marriages increased by 6.1% compared to the previous year;
- the number of divorces registered a slight decrease of 0.9% compared to 2018, as they fell from 849 to 841;
- the average age at the first marriage was 28 in the case of women and 31 in the case of men.
If you require more information about the Family Law in Montenegro, or if you need legal assistance in this regard, we invite you to contact our Montenegro law firm.