Divorce in the Czech Republic: Everything You Need to Know

Written by Katerina Hájková.

Navigating divorce, post-divorce child custody arrangements and property settlements can be challenging, especially in a foreign country. This guide will help you understand the essentials as within the Czech Republic, and support you through this difficult time.

Where will the divorce proceedings take place?

Foreigners in the EU

You can be divorced by a court in an EU member state where:

• You and your spouse are habitually resident, or
• You and your spouse were last habitually resident together if one of you still lives there, or
• The spouse who is not applying for divorce is habitually resident, or
• In the case of a joint application, at least one of the spouses is habitually resident, or
• The petitioner (the spouse filing for divorce) is habitually resident and has lived there for at least 1 year immediately before filing (6 months if they are also a citizen of that country).

Additionally, the court of the state where both spouses are nationals always has jurisdiction over the divorce petition.

Examples:

• Both spouses are French nationals who have lived together in the Czech Republic for a long time. The husband lives in the Czech Republic, and the wife has returned to France. The wife can file for divorce both in France and in the Czech Republic.
• The husband is a German national, and the wife is Ukrainian. They both have lived in the Czech Republic for a long time. They can divorce in the Czech Republic.

Non-EU nationals

If one or both spouses are non-EU citizens and do not live in the EU, the above rules do not apply. Jurisdiction will depend on where the spouses live, as each country has its own laws. Czech court can rule on the divorce if:

• At least one spouse is a Czech citizen, or
• The respondent (the one not filing for divorce) is habitually a resident in the Czech Republic.

Examples:

1. The husband is a German national, and the wife is Ukrainian. The husband has moved to the USA, but the wife continues to live in the Czech Republic. The husband can file for divorce in a Czech court.
2. The wife is Czech, and the husband is a Turkish national. The husband has moved back to Turkey, but the wife can file for divorce at a Czech court.

Types of Divorce in the Czech Republic

A] Simplified, Uncontested Divorce

An uncontested divorce is quicker and less stressful. Spouses must agree on basic conditions and meet certain prerequisites:

1. Marriage Duration: The marriage shall last at least 1 year, and the spouses shall be separated for at least 6 months. Separation can be present despite their factual cohabitation. 
2. Child Custody Agreement: If they have a minor child, they must agree on Custody and Child Support, and the court shall approve this agreement. Generally, courts grant approval unless it is contrary to the child’s interests.
3. Property and Housing Agreement: They must agree on the division of property and housing arrangements after the divorce, and spousal support if applicable. This agreement must be in writing with certified signatures.

The spouses can file the petition together, or one of them may join the other spouse’s petition. Under current law, there are two separate court proceedings: 1) Child Custody Proceedings and 2) Divorce Proceedings. Typically, both petitions are filed simultaneously, with Divorce Proceedings being paused until the court approves the Child Custody Agreement. Legislation is expected to change soon, merging these two proceedings.

B] Contested Divorce:

A contested divorce occurs when one spouse does not agree to the divorce, or the spouses cannot agree on terms. The court must determine by evidence if the marriage is irretrievably broken. It may dismiss the divorce petition if it is against the interests of a minor child or one spouse (such as in cases of terminal illness and dependency on the other spouse).

Still, Child Custody and Support must be determined ahead of divorce.

The court fee (in both types of divorce proceedings) is CZK 2,000. If you use the services of a lawyer, the duration of legal services starts at approximately 3 hours, depending on the complexity of the situation. Before initiating divorce proceedings, mediation can be helpful. Not only can it potentially save the relationship, but it can also improve communication between the spouses during the process.

Child Custody and Support

Which court decides on child custody?

Generally, the court in the EU Member State where the child lives at the time of the proceedings will decide on the Child Custody and Support. However, there are exceptions, such as cases involving international child abduction by one of the parents. 

International child abduction is (in short) the unlawful removal or retention of the child in another country, violating custody rights of the other parent granted under the law of the child’s habitual residence before the abduction. These situations typically arise from disagreements between parents from different countries on where the child should be raised. However, unilateral removal of a child without the knowledge and consent of the other parent can constitute such an abduction. 

Custody Decisions: The court will decide custody based on the child’s best interests. In the Czech Republic, alternating parental custody is preferred, but sole custody with visitation rights for the non-custodial parent is also common. Joint custody (raising the child by both parents together) is rare and requires agreement from both parents.

The child’s best interest shall be regarded individually and usually change during their life. Typically, the child’s best interest is to be raised by both parents. There are exceptions: e.g. one parent is unable to offer a safe, healthy and stable environment (typically in cases of domestic violence against children), or ensure proper school attendance. In such cases, it may be in the child’s best interest to protect them, even if it means restricting or prohibiting contact between the parent and the child.

Child Support: The non-custodial parent pays child maintenance to the custodial parent. The amount depends on the child’s age and needs, the number of dependent children, the non-custodial parent’s income, and the frequency of visitation. Interestingly, the court also sets maintenance in cases of alternate custody, determining payments for both parents based on their incomes. There is a guideline table for Child Support amounts that the courts usually follow.

Example:

For a preschool-aged child (0-5 years) in the mother’s care, the father should pay 14 % of his net monthly income. Adjustments are made based on the father’s other children and visitation arrangements. Contributions to savings for the child can also count towards maintenance.

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