If you want to get a divorce in the Czech Republic, we suggest you get in touch with a specialist in the field. There are specific procedures to follow, which is why we recommend the legal services of our Czech divorce lawyers.
| Quick Facts | |
|---|---|
| Applicable laws for divorce cases in Czech Republic | The Civil Code No. 89/2012 |
|
How to file for divorce in Czech Republic |
One of the spouses can file a petition to a local Czech Court. |
|
Types of divorces |
At-fault and no-fault divorces. Each spouse can be represented by one of our Czech divorce lawyers. |
| Grounds for divorce in Czech Republic |
– serious damage during the marriage, – spouses no longer want to live together |
| Can foreigners get a divorce in Czech Republic? |
Yes, foreigners can file for divorce in Czech Republic without restrictions. They, however, must provide information about former common residence place. |
| Agreements made before the divorce is settled |
– child custody, – alimony, – distribution of mutual assets, – family name before marriage |
| Is the amicable divorce procedure available in Czech Republic? (YES/NO) | Yes |
| The child custody procedure in Czech Republic |
Parents have equal responsibilities in raising minor children. Together with the lawyer and the judge, the visiting rules are established. Minor children remain with their mother, except the cases where she is not in full mental capacity. |
| Distribution of assets in a divorce case |
Joint property can be distributed in a Czech Law Court. |
| What happens if one of the spouses does not agree with the distribution of mutual property? |
Additional proceedings might enter the discussion. Our Czech divorce lawyer can analyze the list of properties and discuss with the client his/her intentions. Property division is then registered with the Real Estate Cadastre. |
| Are debts acquired during marriage subject to the joint property? |
Yes, debts are also considered at the time the distribution of mutual assets is made. Debts can be contested in a court proceeding. |
| Marriage cancelation in Czech Republic |
A marriage can be canceled if there is proof of false documents, or if one of the spouses is implicated in another marriage. |
| Appealing the divorce decision |
One of the spouses can appeal the divorce decision if he/she does not accept it, with the help of our Czech lawyers. |
| How long does it take to get divorced in Czech Republic? | A few months or years, depending on the grounds and circumstances of the divorce. |
| Why work with our divorce lawyer in Czech Republic? |
We have in-depth experience in divorce cases, and we offer legal services and affordable prices. |
| Minimum separation period before applying for divorce in Czech Republic | More than 6 months |
|
Separation agreement recognized in Czech Republic |
A separation agreement is not legally recognized as a prerequisite for divorce. |
|
Child maintenance after divorce in Czech Republic |
Determined by court decision |
| Child maintenance determination | In the Czech Republic, child maintenance is determined based on the child’s age, ranging from 11% to 25% of the parent’s net income. |
| Alimony claims for the ex-spouse |
An ex-spouse can claim alimony if he/she cannot support herself/ himself due to circumstances related to the marriage, such as age or health. |
| Factors affecting alimony claim |
The duration of marriage, the post-divorce time elapsed, employment efforts, property management, household contributions during the marriage |
| Mandatory legal representation for divorce in Czech Republic |
Not mandatory, but highly recommended for complex cases. Contact our lawyers in the Czech Republic for assistance. |
| Documents needed for a divorce |
Marriage certificate, ID/passport, evidence of assets and liabilities |
| Divorce mediation |
Available and encouraged as an alternative dispute resolution method |
| Conditions for marriage annulment |
– Fraud; – Coercion; – Incapacity; – Bigamy. |
| Suspension and deprivation of parental authority |
Rare, usually in cases of serious neglect or abuse. Also, neglecting to provide maintenance and support is a criminal offense according to Czech law, punishable by up to 1 year in prison. |
| Evidence used in a divorce case |
– Financial records; – Communication records; – Witness testimony; – Expert opinions. |
| Name change after divorce |
Spouses can revert to their maiden name or choose a new name. |
| Costs commonly required for divorce in Czech Republic |
– Court fees; – Legal representation fees; – Potential expert witness fees. |
| Other services | Besides assisting you with divorce, our lawyers can also offer you practical help regarding buying property in Czech Republic. |
Table of Contents
What types of divorce are available in the Czech Republic?
- by mutual agreement, or agreed divorce,
- contested divorce.
What are the grounds for divorce in the Czech Republic?
- Marriage breakdown,
- Lack/ no consumption of marriage,
- Mental health issues,
- Infidelity,
- Domestic violence, etc.
Where is a divorce application filed in the Czech Republic?
At the District Court, through a written application and considering the last common residence/domicile.
Here is also an infographic on this subject:
What happens to mutual assets of a marriage when getting a divorce in the Czech Republic?
This can be done with the help and representation of our Czech divorce lawyers.
How is custody managed in a divorce case in the Czech Republic?
- the authorities consider the protection of minor children,
- both parents are fully responsible,
- the main domicile of minors will be established, in most cases, where the mother lives,
- the father will have to pay the established alimony,
- visiting hours & daily schedule will also be settled at the time the divorce process starts.
How is mutual agreement divorce done in the Czech Republic?
- the consensual divorce in the Czech Republic is concluded when both spouses agree on the separation,
- a joint petition is filed,
- the division of mutual assets, child custody, and other marriage & divorce matters must be signed through a written agreement.
What is a joint divorce petition in the Czech Republic?
A joint divorce petition represents the spouses’ agreement on separation. This type of divorce can be concluded relatively quickly, in about 5 months.
Can the divorce decision in the Czech Republic be contested?
Of course, if you do not agree with the divorce decision and the conditions imposed, you have 15 days to challenge this decision.
Below is a video presentation about the divorce procedure in the Czech Republic:
Can a registered marriage in the Czech Republic be annulled?
If one of the partners is a minor or if the marriage is forced, then the marriage can be annulled.
Can the wife keep her ex-husband’s name after the divorce?
Yes, according to Czech Divorce Law, the ex-wife can choose to return to her previous family name, or she can keep her ex-husband’s name, but only with his consent.
What is the time frame to get a divorce by mutual agreement in the Czech Republic? What about a contested one?
It takes around 1-3 months to settle a divorce by mutual agreement, while a contested one takes 6 to 12 months or more, depending on the complexity of the case.
If you need further information on the divorce procedure in the Czech Republic, please contact our Czech divorce attorneys, who can provide you with legal representation in this case.