Family Law in Bosnia and Herzegovina
Family law in Bosnia and Herzegovina (BiH) is governed by a mix of state, entity, and cantonal laws, reflecting the country’s complex legal and political structure. Since BiH consists of two entities—the Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS)—as well as the Brčko District, each has its own family law regulations.
Key Aspects of Family Law in BiH
Marriage and Divorce
Marriage can be civil or religious, but only civil marriages have legal validity.
A minimum age of 18 is required for marriage, though exceptions can be made for individuals aged 16 and above with court approval.
Divorce can be granted by mutual agreement or through litigation in cases of irreconcilable differences.
Courts handle child custody, alimony, and property division during divorce proceedings.
Child Custody and Parental Rights
Joint custody is generally encouraged, but courts may grant sole custody based on the best interests of the child.
Parents are responsible for the upbringing, education, and financial support of their children.
The law provides for child support payments, calculated based on the non-custodial parent’s income.
Adoption and Guardianship
Adoption is strictly regulated and must be approved by relevant social welfare institutions.
Both domestic and international adoptions are allowed, but international adoption is subject to additional scrutiny.
Guardianship is assigned if a child loses both parents or is abandoned, with courts appointing a legal guardian.
Property Relations Between Spouses
Property acquired during marriage is considered joint property unless specified otherwise by a prenuptial agreement.
Assets owned before marriage remain personal property unless mixed with marital assets.
Upon divorce, property is typically divided equally, unless one spouse proves a significantly greater contribution.
Domestic Violence and Protection Measures
Domestic violence is criminalized and recognized as grounds for divorce and protective measures.
Victims can request restraining orders, temporary shelter, and legal aid.
Both civil and criminal courts can impose penalties, including prison sentences for severe cases.
Regional Variations
In the Federation of BiH, each canton has some autonomy over family law matters.
Republika Srpska has a more centralized legal framework for family law.
The Brčko District has its own legal system, which is aligned with state and international standards.
International Influence
Bosnia and Herzegovina is a signatory to international conventions such as the Convention on the Rights of the Child (CRC) and the European Convention on Human Rights (ECHR), which influence its family law policies.
RELATED Blog
0 comments