Here you will learn how to get divorced in the Czech Republic in case of both uncontested and contested divorces. We’ll explain how to navigate the legal requirements, including child custody arrangements, property settlement, and associated court fees. Let’s get started!
Uncontested Divorce
An uncontested divorce is a smoother process where both spouses agree on the term of the divorce, including child custody and property division. To be eligible for an uncontested divorce, the following conditions must be met:
- Both spouses file the application together or one spouse joins the application the other submitted
- The marriage has lasted for at least one year, and you have not lived together for longer than six months.
- You both agree on custody of the minor child/children after the divorce, and the court has approved your agreement.
- You have agreed on the settlement of your property and living arrangements, and, if applicable, alimony after the divorce. Both agreements must be in writing with officially verified signatures.
Contested Divorce
If you cannot reach an agreement, you can file for a contested divorce, and then the court examines the marriage breakdown. In this case, the divorce proceedings may take longer, and private details of your relationship may be discussed.
Divorce Application
The application is submitted in writing to the district court where the last common place of residence was located (if at least one of you still resides within this jurisdiction).
The application should include the following information:
- Name and address of the court
- Title of the document should be “Application for Divorce”
- Personal details of both spouses (name, address, date of birth)
- Details of the marriage (date and place where marriage was made)
- If applicable, details of minor children (their names, dates of birth)
- A description of the circumstances leading to the divorce
- Any evidence supporting your claims
- Date of application
- Signature - yours and, in an uncontested divorce case, your spouse's signature.
Attachments to the application should include:
- Copy of the marriage certificate
- If applicable, the birth certificate of the minor child
Application for Child Custody Arrangements
The court will decide on the custody of the child after the divorce, considering the child's best interests in regard to the rights and obligations of both parents, including child support. If the parents’ agreement aligns with the child's best interest, it will be approved. Otherwise, the court decision may differ from the arrangement of the spouses. The child can be placed under joint custody (both parents must agree), shared custody, or custody of one parent.
Application for Property Settlement
Spouses usually have what is called "joint marital property" which needs to be settled during the divorce process. This does not entail basic household items. If the spouses cannot agree, either of them can file for a property settlement with the court. If the settlement is not resolved within three years after the divorce, it will be settled according to legal rules.
Court Fees:
- Application for divorce - 2,000 CZK.
- Application to initiate proceedings for the settlement of joint marital property - 2,000 CZK.
- Plus 5,000 CZK for each property and 15,000 CZK for each business establishment or its organizational unit subject to settlement.
- In case of minor children - proceedings concerning custody and child support - 0 CZK.
Assistance with divorce (preparing divorce petitions, etc.) is provided by legal professionals, and lawyers can represent you in court. You can find a list of lawyers on the website of the Czech Bar Association. Additionally, you can seek help and advice at legal counseling centers in the Integration Centers for Foreigners.
Information Sources: