DISCLAIMER: The answers to the questions below do not constitute legal advice. They are intended to address procedural and technical queries only.
1. Can I initiate divorce proceedings before a Serbian court without traveling to Serbia?
Answer: Yes.
Explanation: If a Serbian court has jurisdiction, a lawyer can initiate divorce proceedings on behalf of their client based on a Special Power of Attorney notarized by the relevant authority.
2. Which authority is competent to notarize a Special Power of Attorney?
Answer: Depending on the language of the Special Power of Attorney, the native language of the grantor, or the language the grantor uses, as well as the grantor’s current country of residence, the Special Power of Attorney can be notarized by a notary public, a court, or at a diplomatic or consular mission.
3. Can the entire court proceedings be completed without my presence in Serbia?
Answer: Yes.
Explanation: The divorce proceedings can be conducted without the client’s presence in Serbia, provided that a notarized Special Power of Attorney authorizes the lawyer to perform all necessary actions in the proceedings.
4. Is a period of separation required before initiating divorce proceedings in Serbia, and how long does it last according to Serbian law?
Answer: No.
Explanation: Serbian law does not recognize the concept of "separation," and therefore, no period of separation is required to initiate divorce proceedings.
5. Can I get divorced even if I own joint property with my spouse in Serbia?
Answer: Yes.
Explanation: In Serbia, you can initiate divorce proceedings independently. However, in the case of a joint divorce petition (divorce by mutual consent), the division of joint property can also be addressed in the petition. Additionally, the division of joint property can be conducted as a separate legal process.
NOTE: The above answers apply to spouses without children or with adult children. When spouses have minor children, the process slightly differs.
NOTE: A divorce can also be initiated through a joint divorce petition if there is mutual agreement. Furthermore, joint property can be divided through a notarized agreement without initiating court proceedings.
6. Can I initiate inheritance proceedings for a deceased relative who owned movable and immovable property in Serbia without traveling to Serbia?
Answer: Yes. *
Explanation: Inheritance proceedings are initiated ex officio. However, to expedite the process, you may initiate it yourself (if you have a legal interest in bringing proceedings), or a lawyer can do so on your behalf under authorization.
7. Do I need to travel to Serbia to make an inheritance statement?
Answer: No.
Explanation: A lawyer can initiate and conduct the entire inheritance proceedings on your behalf. General Power of Attorney is required for some actions, while Special Power of Attorney, notarized by the relevant authority, is required for others, such as making an inheritance statement or waiving the right to appeal.
8. Can a lawyer from Serbia represent me in inheritance proceedings in Montenegro?
Answer: Yes.
Explanation: If you want to be represented by a Serbian lawyer before a court in Montenegro, it is possible because Serbian lawyers can also represent clients in Montenegrin courts.
*NOTE: To determine eligibility for inheritance as a foreign national, it is necessary to verify reciprocity between Serbia and the respective country. This information is available on the website of the Ministry of Justice of the Republic of Serbia.
NOTE: The above answers apply to non-contentious proceedings, i.e., when there is no dispute among heirs.
9. Can a foreigner buy a flat in Serbia?
Answer: Yes. *
10. How can I find a flat in Serbia?
Answer: There are several options: independently by searching advertisements, by hiring licensed real estate agencies, or by engaging a lawyer to assist.
11. What is the most important thing to know when buying a flat or house in Serbia?
Answer: Like in other countries, the most crucial aspect is determining whether the property is registered (or eligible for registration) in the Real Estate Cadastre. If it is not registered, it must be verified whether the seller is the rightful owner based on the provided documents. This is determined by reviewing all relevant documents and the Real Estate Cadastre records. The best option is to review all documents from the first to the last owner, for which a lawyer’s assistance is highly recommended.
12. Do I need to be present to notarize a purchase agreement for real estate?
Answer: No.
Explanation: The notarization of the purchase agreement can be conducted by a lawyer authorized through a Special Power of Attorney notarized by the relevant authority.
*NOTE: For foreign nationals, the possibility of purchasing real estate in Serbia depends on the reciprocity agreement between Serbia and the respective country. This information is available on the website of the Ministry of Justice of the Republic of Serbia.