Grounds for Divorce: When Will the Court Actually Dissolve a Marriage?
The Slovak Family Act does not contain a precise list of grounds for divorce. The only statutory basis is the so-called qualified breakdown of the relationship, where the marriage no longer fulfils its purpose and a restoration of cohabitation cannot be expected. In practice, the statistics have long been dominated by differences in personality and opinions (approximately 70% of cases) and infidelity (around 8.5%), complemented by other subjective and society-wide influences.
JUDr. Zuzana Vlková, PhD.·Advokátka··4 min read
The process of ending a marriage is legally tied to proving a situation that professional practice and legislation alike describe as a qualified breakdown of the relationship. The Slovak Family Act does not contain a precise, exhaustive list of specific causes for which a marriage can be dissolved. This approach respects the diversity of life situations and allows each case to be assessed individually. A breakdown is rarely the result of a single isolated cause – it usually involves several factors combining and deepening over time.
The most common causes of divorce in practice and in the statistics
Official statistical data show clear trends in the grounds for marital breakdown cited by both men and women:
~ 70 %
The most frequently cited cause for both sexes over the long term.
Infidelity
~ 8.5 %
The second most common cause; it often acts as a catalyst for pre-existing problems and a breakdown of trust.
Other statistical causes
Minority shares
An ill-considered entry into marriage, alcoholism, lack of interest in the family (including the end of cohabitation).
Mistreatment, conviction for a criminal offence, health reasons (including infertility) or sexual incompatibility.
Broader society-wide influences on the breakdown of relationships
Alongside the statistically recorded grounds, broader social factors also affect family stability. Increasingly prominent are an emphasis on individualism, personal self-fulfilment, personal development and a flexible lifestyle.
Significant influences include:
prioritising the interests of the individual over the interests of the family and an unwillingness to make sacrifices for the family unit;
the absence of any expectation that the relationship will last, with the individual deliberately leaving themselves room for change; and
growing society-wide tolerance of divorce, in which divorce is perceived as an ordinary, readily available solution to dissatisfaction in a relationship.
What is a qualified breakdown of the relationship?
A qualified breakdown occurs when the relationship between the couple is damaged so seriously, deeply and permanently that the marriage cannot fulfil its basic roles and their life together can no longer be restored.
The basic functions and purposes of marriage include:
founding a family and ensuring the proper upbringing of children,
creating a harmonious, lasting and stable life partnership, and
fulfilling an emotional, social and economic function.
In childless marriages, or in unions with adult children, a couple's inability to function as a harmonious union is a key indicator that the partnership is no longer working.
How the court assesses the situation: An objective view instead of a search for fault
When deciding on a divorce petition, the court does not proceed on the basis of one partner's subjective feeling of dissatisfaction, but examines objectively identifiable manifestations of the breakdown.
Important rules governing the court's assessment:
the consent of both spouses does not mean an automatic divorce: the mere fact that both spouses agree to the divorce is not sufficient as the sole argument. There is no divorce by agreement in Slovakia. The court must objectively verify the state of their mutual relationship. It can, however, be said that where both spouses agree to the divorce, in almost all cases the other grounds constituting a qualified breakdown of the relationship exist as well (e.g. absence of an emotional bond, separate finances, separate beds, different interests, different places of residence, a new partner).
no one can be forced to remain in a relationship: if one of the spouses considers the relationship to have no future, the other's interest in preserving the marriage cannot be a reason for maintaining it. Fulfilling the purpose of the union requires mutual effort, trust and understanding.
the degree of fault is not examined: the court does not judge moral failings and does not weigh up who caused the breakdown. It examines solely whether the breakdown has reached the statutory intensity and whether the union still actually exists as a functioning partnership.
Statutory duties and specific manifestations of breakdown
The law imposes basic duties on spouses, such as living together, fidelity, respect for each other's dignity, mutual assistance, joint care of the children, creating a healthy family environment, joint decision-making on family matters and contributing to meeting the family's needs.
In practice, a deep breakdown manifests itself chiefly in the following situations:
long-term absence of a shared household and separate finances,
loss of partnership and emotional bonds, separate social ties,
repeated and serious conflicts,
the presence of a new partner,
breaches of basic marital duties, and
violent behaviour, addictions or other destructive phenomena.
Four basic frameworks of assessment
When establishing a qualified breakdown, the courts evaluate in particular:
The temporal aspect: The breakdown must be permanent in character; it cannot be merely a passing or short-term crisis.
The functional aspect: Whether the union fulfils its economic, emotional and social role.
The prospect of restoration: The partners' genuine will and ability to return to a shared life is examined.
The actual way of life: How the couple functions in real, everyday life.
The presence or absence of any one of these features does not automatically lead to a conclusion in favour of divorce – the court always assesses all the circumstances comprehensively.
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