Divorce in Czech Republic - Legal Advice for Locals and Foreigners
Divorce in Czech RepublicUpdated on Tuesday 24th August 2021
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Persons interested in getting a divorce in Czech Republic have to comply with a set of rules and regulations, as prescribed by the local legislation. Provisions referring to a divorce in Czech Republic describe the legal procedures which have to be enforced in case of the division of assets, the custody of children and the alimony, set out by the court in accordance with the level of income of both parents and many other aspects. Individuals involved in a divorce procedure in Czech Republic can receive assistance from our team of Czech lawyers, who can also provide legal representation in front of the court.
Obtaining a divorce in Czech Republic
In order to obtain a divorce in Czech Republic, one of the spouses has to file a petition in this sense to a local Czech court. The grounds for establishing a divorce refer to a profound damage resulted during the marriage, in which the spouses are expected to never live together again. The couple filing for divorce has to make the proof of the fact that they have been married for at least a year and that the spouses have not lived together for at least half a year.
As a general rule, there are two types of divorces in Czech Republic:
- no-fault divorces;
- at-fault divorces.
The no-fault divorce refers to the above mentioned conditions of a separation, as well as the fact that both of the spouses can file a joint divorce petition; at the same time, they can also agree on the division of assets and other marital aspects. Typically, such a divorce can last up to 3-5 months.
The at-fault divorce refers to a much complicated procedure, in which the spouses can’t agree upon the terms; our team of Czech lawyers can provide you with more details on this type of divorce procedure.
Terms to establish during a divorce in Czech Republic
During a divorce in Czech Republic, the spouses are required to pass through a set of legal actions referring to the following:
- the family name – the court will ask one of the partners if she (or he) is interested in receiving the former family name the person had before the marriage; this procedure can be completed within six months after the trial;
- the division of assets ;
- the custody of minor children;
- the alimony paid by a spouse to the other spouse who has received the custody of the child (children).
How is the amicable divorce procedure?
The amicable divorce procedure is the no-fault procedure where spouses agree on the separation, division of assets, child custody, and alimony. One should note that for this kind of divorce, the court is not interested in the reasons for the separation. The written agreements with the signatures of ex-spouses are required. Such agreements must specify all the details about the common property division, and maintenance duty if it is the case. The decision of the court will be issued at the time the agreement with the conditions referring to the minor children is accepted by the authorities. If you would like to know more about the amicable divorce procedure in the Czech Republic, feel free to discuss it with our Czech lawyers.
What happens if one of the spouses disagrees with the divorce?
The cases in which the spouse who believes is not guilty of the violation of marriage and who does not accept the divorce can get complex. The court can reject such a divorce petition under extraordinary circumstances and if the authorities believe that the marriage must continue. However, such a decision is not applicable to divorce cases in which spouses have not been living with each other for at least 3 years, according to the Divorce Law in the Czech Republic.
Can a marriage be annulled in the Czech Republic?
Yes, if there are serious grounds for the marriage to be annulled, the court of law will make such a decision. For instance, if one of the partners is married, or if one of the spouses is a minor, the authorities will cancel the marriage. The same thing is available to persons who married their siblings or descendants. More than that, if the marriage took place under certain circumstances where one of the partners agreed even if the mental health was questionable at that time of if force marriage took place. Even marriages approved by persons who cannot undertake legal action can be dissolved. Such cases can be properly handled by one of our Czech lawyers, so feel free to address your inquiries to our specialists.
Canceling the marriage based on false documents
There are also cases in which one of the spouses finds out that the person they married is someone else, at least according to the documents. This is a complex case for which legal advice and assistance is required. Our Czech attorneys will represent your interests and file for the annulment of the marriage. Such a process might prolong for a few months or even years, depending on the circumstances and the evidence presented. We remind that the submission of the divorces is made at the District Court in the Czech Republic, in the city the couple lived.
Appealing the decision for granting the divorce
The decision of the divorce can be appealed in no more than 15 days. One of our Czech lawyers can offer their legal support for appealing the divorce decision right away. This means that we can help you submit the written appeal to the court that issued the divorce decision. If a corrective decision is issued regarding the original decision, the deadline starts when the corrective decision comes into legal effect.
Other steps after the divorce decision is issued
Once the divorce is issued, women will have to change the documents and get back to the previous name within 6 months. There are other aspects to consider, such as the custody of the minor child and the alimony paid by one of the parents. One should note that the division of assets and property is normally discussed prior to the decision of divorce, so one of the partners will have to relocate. In the case of minors in the family, the child stays with the mother in the same house, if other aspects do not change. You can solicit the advice and legal representation from our team of Czech lawyers if you would like to know more about the rules and regulations of divorce, plus other steps that must be considered at the time the decision is issued by the court. Here are some interesting facts and figures about marriage and divorce in the Czech Republic:
- According to the Prague Monitor, a Czech marriage lasts around 13 years.
- In most divorce cases, women are the ones who ask for legal separation.
- Around 5,200 divorce decisions were registered during March 2019 and March 2020.
- About 42% of the registered divorces mentioned above did not involve minor children.
- Around 600 marriages were registered in Q1 of 2020 in the Czech Republic.
An agreement before divorce - What it contains?
It is important to know that before the divorce decision is established between the partners, they will sign an agreement stating the following:
- Distribution of properties accumulated during the marriage.
- Custody of minor children
- Maintenance of minors
- Payment of alimony and its amount.
It is essential to note that judges may postpone the divorce decision until all the details regarding the minor children and their care after the separation have been established. The Czech authorities place great value on raising and educating children in an appropriate environment. Therefore, the protection of minors in case of divorce will matter a lot in court.
Frequently Asked Questions
Our Czech lawyers receive a wide range of questions referring to the divorce process in this country. We have prepared some answers that might help you, mentioning that our specialists can provide legal advice on this topic.
1. Who can file for divorce in the Czech Republic?
The divorce process in the Czech Republic begins with a request made and submitted by one of the partners. If the two spouses agree on the reasons for the separation,and no chances for the marriage to be saved, then the process can begin.
2. What is a joint divorce petition in the Czech Republic?
Joint divorce petition represents the spouses' agreement on separation. This type of divorce can be concluded relatively quickly, in about 5 months. You can get legal help from our Czech lawyers.
3. What happens when one of the spouses does not agree with the divorce application?
Divorce cases in which one of the partners refuses such a request can be complicated. The procedure will take into account the distribution of common goods, but the process can last for several years if the spouses do not agree.
4. What should I do when the divorce application is filed?
The divorce and the terms involved can be discussed with one of our lawyers. Custody of children, sharing of common goods and alimony come into discussion from the very beginning.
5. Is it possible to divorce amicably in the Czech Republic?
Of course, the amicable divorce procedure is even recommended for a quick separation process. If the spouses agree on the distribution of the assets accumulated in the marriage and if there are no minor children, then the divorce process will be a simple one.
6. Can the wife keep her ex-husband's name after the divorce?
Yes, according to Czech Law, the ex-wife can choose to return to her previous family name, or she can stay with her husband's name, but only with his consent. More information in this direction can be provided by our lawyers.
7. Can a marriage registered in the Czech Republic be annulled?
There are quite a few reasons why a marriage can be annulled in the Czech Republic. If one of the partners is a minor or if the marriage is a forced one, then the marriage can be annulled. If you are in such a situation and you want to know as much as possible about the legislation in force, you are invited to talk to our experts.
8. 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. Also here, the legal support is needed.
9. What happens to minor children after the divorce decision?
According to Czech Law, minors stay with their mother and the father will have to pay alimony. Normally, these things are settled in court as soon as the divorce is pronounced.
10. How many lawyers are needed for a divorce process in the Czech Republic?
Every partner involved in the divorce process must have the legal support provided by a lawyer. So, these are two lawyers who will deal with the divorce application and all its implications. We remind you that you can call on our specialists if you are interested in these aspects.
Why work with our Czech lawyers
Professionalism and experience speak for themselves when you decide to collaborate with our team of specialists. We have dealt with many divorce cases and we have helped clients with the best solutions to benefit from tailored results.
The legislation can be complicated for foreigners who want to divorce in the Czech Republic, but with the help of our specialists, they can benefit from full legal support and guidance in making the best decisions for their future. Therefore, regardless of the country of origin, status and other attributes, a correct divorce process without consuming too much time can be supervised by our specialists in the field.
If you need further information on the divorce procedure in Czech Republic, please contact our Czech attorneys, who can provide you with legal representation on this case.