Slovak Financial Law News 2005

Marriage

The Act still maintains the distinction between a civilian marriage - before a municipal or city part authority running the Registry and a church marriage - before a registered church or registered religious community authority. A consular marriage is still permitted. The Act introduces the legislative term ``fiancées'' to describe a man and a woman who intend to enter into marriage. Individuals of the same sex may not enter into marriage.

A marriage may be entered into also on the basis of a power-of-attorney which has to be in writing bearing a verified signature of the authorized person. A withdrawal of the power-of-attorney is effective only if the other partner gains knowledge of such withdrawal prior to declaring that he/she enters into marriage.

Circumstances which make the conclusion of marriage impossible continue to include the following (i) breach of monogamy, (ii) family relationship, (iii) age insufficiency, (iv) mental disorder, and (v) total incapacity to legal acts. A marriage is null and void, if the declaration of the conclusion of marriage is affected by deficiencies of the legal act, i.e. if not made freely, in earnest, in a definite and intelligible manner. The nullity of such marriage will be ruled by court upon the petition of the husband or wife.

A case of non matrimonium, i.e. non-existence of marriage occurs, if the declaration of conclusion of marriage (i) has been exercised by force, (ii) made by a minor under 16 years of age, (iii) made before a Registry not authorized, unless not an exemption stipulated by law, (iv) made before church or a religious society not registered under the laws of the Slovak Republic, (v) made abroad before an authority not authorized to act in the matter, (vi) made by a representative without a valid power-of-attorney or if the power of attorney has been withdrawn.

Husband and wife are obliged to take care of their children and share the satisfaction of the needs of the family as their abilities, possibilities and property circumstances allow.

---

Next: Regulation of Duties with regard
Up: Family Act
Previous: Family Act