Legal Development of Non-Marital Union in Croatia

Korać Graovac, Aleksandra (2021) Legal Development of Non-Marital Union in Croatia. LAW IDENTITY AND VALUES, 1 (1). pp. 55-70. ISSN 2786-2542

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Abstract

Legal development of non-marital union in Croatia went through different phases – from modest family law effects (property rights and the right to maintenance) in late seventies of the twentieth century to equating non-marital union with marriage nowadays, except the establishment of fatherhood and gaining common family name. In the Family Act (2015) non-marital union refers to a life union between an unmarried woman and an unmarried man that has lasted for at least three years or for a shorter duration if a common child has been born therein or has been continued by entering a marriage. The author underlines the problem of legal uncertainty that arises from the fact that non-marital union is informal and that preconditions for non-marital union effects are different in different legal branches. Overall, legal regulation of non-marital union in Croatia is inconsistent due to particular legal solutions.

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