Practice areas · Novi Sad
Family law
Family disputes connect personal relationships, children’s needs and property. The legal approach should reflect the actual issues in dispute. Novaković Law Office advises and represents clients in divorce, parental responsibility, maintenance and property relations between spouses.
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Understanding your legal matter
Family matters can involve personal relationships, children and property at the same time. Explain whether there is agreement between the parties, an existing decision or proceedings already underway. Share relevant records through an agreed channel and identify the specific questions on which you need advice in Serbia.
- Divorce by agreement and contested divorce
- Parental responsibility and maintenance
- Property relations between spouses
Divorce by agreement or contested proceedings
Where there is consent, review the joint divorce application and required agreements. Agreeing to end a marriage does not remove the need to address matters required by law, particularly where there are minor children.
If agreement is unavailable, divorce by a claim is considered. Identify what the court must determine and collect the relevant information before filing. The course of proceedings depends on the disputed issues as well as the document submitted.
Article 40 of the Family Act requires the written divorce agreement to include written agreements on parental responsibility and division of joint property. Where there are minor children, parental arrangements are also assessed against their best interests.
Parental responsibility and contact
The child’s best interests guide parental arrangements. Residence, daily care, maintenance and contact with the other parent should be considered together, in light of the child’s actual needs and living circumstances.
An agreement between parents does not make every proposed arrangement acceptable. The court assesses relevant circumstances and obtains expert input as prescribed. Existing decisions and changed circumstances also matter when seeking new arrangements.
Child maintenance and changing an order
Review the child’s needs and the resources of the person providing support. Relevant information includes housing, education, treatment, daily needs and income. No single amount fits every family.
When circumstances change or payments stop, review the existing decision, payment history and reasons for change. Setting maintenance, varying an order and recovering overdue amounts are different tasks.
Marital property and agreements
Registration in one spouse’s name does not settle every property right. The time and basis of acquisition, funding and other relevant contributions matter. Review contracts, bank records and acquisition documents.
Property relations may be settled by agreement in the required form, or through proceedings where disputed. A marital agreement should identify the assets and parties’ intentions carefully; an unadapted template can leave significant questions unanswered.
Preparing a family matter
Bring existing decisions and agreements, basic information about children and property, and a chronology of the disputed events. For parental responsibility, describe previous care and the child’s practical needs.
Mention safety risks or existing protection measures immediately, as these may require a separate urgent route. The initial contact clarifies the situation; provide confidential material through an agreed channel.
Documents for the first meeting
- Civil status records and existing decisions or agreements.
- Information about children’s needs, income and payments.
- Contracts and evidence of acquisition and funding.
If you do not have a document, mention this when arranging the meeting. A brief summary is enough for an initial enquiry; send sensitive documents through an agreed channel.
Questions about this area
Can divorce be by agreement without agreement about the children?
The legally required matters must be addressed. Without a suitable parental agreement, another procedural route and a court determination may need consideration.
Does divorce automatically resolve every asset?
That depends on the proceedings and any agreement. Property issues require express consideration; ending the marriage does not itself allocate every asset.
Can an existing maintenance order change?
Changed circumstances may support a new application. Compare and document the earlier and current position rather than changing payments unilaterally.
Legal framework and sources
Official sources and legislation in Serbian. Their application depends on the facts and rules relevant to the particular matter.
Attorney at Law Dušan Novaković
This content is for general information. Assessing a specific matter requires a review of the facts and documents.