Here, you will find information about the conditions for getting a divorce in the Czech Republic, the required documents, and the step-by-step process. This information also applies to foreigners who entered into marriage abroad. You will learn how divorce proceedings are conducted in Czech courts and the typical duration of these proceedings.
When a Foreigner Can Get Divorced in the Czech Republic
A marriage can be dissolved in the Czech Republic when the marriage is deeply, permanently, and irreparably broken, and there is no expectation of reconciliation.
In the Czech Republic, divorce is under the jurisdiction of the courts. Czech courts have jurisdiction over divorce when at least one of the spouses is a Czech citizen.
If both spouses are foreigners, it is also possible to get a divorce if at least one of the following conditions is met:
1. The spouses have their usual residence in the Czech Republic.
2. The spouses last had a common usual residence in the Czech Republic.
3. One of the spouses still lives at their last common usual residence.
4. The spouse who did not file for divorce (the respondent) has their usual residence at the last common usual residence of the spouses.
5. When filing a joint petition, at least one of the spouses has their usual residence in the Czech Republic.
6. The petitioner has a usual residence in the Czech Republic, where they have lived for at least one year immediately before filing the divorce petition.
Where to Submit the Divorce Petition
You must submit the divorce petition to the district court in the district where you or your spouse last had your common usual residence.
Which Law Will Govern the Divorce?
If both spouses are citizens of Ukraine, a Czech court will decide on the divorce, but Ukrainian law will be applied. If you and your spouse do not have the same citizenship (e.g., one is Ukrainian, and the other is Slovak), but you live in the Czech Republic, Czech law will be applied.
Contested and Uncontested Divorce
Whether the divorce is contested (the court examines the cause of the breakdown) or uncontested (a mutual agreement), it depends on the circumstances. For an uncontested divorce, you need to submit written agreements with the parties' officially authenticated signatures, regulating the settlement of mutual property relations, rights and obligations concerning shared living arrangements, and potential maintenance obligations after the divorce. If the couple has children, it is necessary to provide a court-approved agreement regarding the arrangements for the minor children post-divorce. In the case of a contested divorce, where the parties cannot reach an agreement, a more time-consuming and costly legal process is involved.
Documents in the Czech Language
The divorce petition must be submitted in the Czech language, and all necessary documents must be provided in Czech. All evidence supporting the permanent and deep-seated breakdown of the marriage and other documentation must also be in Czech.
Translations should be provided by a court-appointed translator. You can request the appointment of a translator at the court to translate the divorce petition and to provide translation during the oral hearing. The respondent (the one who did not file the divorce petition) can waive the right to have the petition translated.
Duration of Court Proceedings
Due to translations, divorce proceedings at court can take six months or more. If one of the spouses lives abroad and is not reachable (refuses mail and communication), this can lead to further delays.
For a planned divorce, it is advisable to consult with a lawyer who can provide specific information for your case.
Sources:
List of Courts - [justice.cz/soudy](https://justice.cz/soudy)
Government Portal - [Divorce in Marriage (in Czech)](https://portal.gov.cz/informace/rozvod-manzelstvi-INF-55)