1. How can we divorce in the Czech Republic and where?
The conditions for divorce are regulated in the Civil Code No. 89/2012 Coll., the proceedings in the Rules of Civil Procedure No. 99/1963 Coll. A petition for a divorce made in writing must be submitted to the District Court for the district in which the spouses had their last place of cohabitation in the Czech Republic provided at least one of the spouses is resident in the district of this court jurisdiction. This petition for divorce can be submitted by the one of the spouses and the other joins it in the case of an amicable divorce (speed, no-fault divorce) or just only by one of the spouses in the case of contentious divorce.
2. What are the most common reasons that spouses may invoke when divorcing?
The marriage may be divorced if the married life of the spouses has deeply, permanently and irreversibly broken down and its restoration cannot be expected.
In some cases, even these conditions are fulfilled the marriage may not be divorced of the divorce is contrary to the interest of a minor child of the spouses or to the interest of the spouse who has not predominantly contributed to the breakdown by breaching marital duties and who would incur particularly serious harm.
3. How long does it takes to divorce in the Czech Republic?
The length of the court proceeding takes upwards from few months up to years depending on whether the divorce is amicable or contentious and on outlying issues. In the case of a contentious divorce there are separate court proceedings on child custody and child maintenance, divorce itself, spousal and ex-spousal alimony and division of matrimonial property. In the case of an amicable divorce the spouses submit written agreements of the matrimonial property and of condition of minor children after the divorce along with the joint petition of divorce so the court shall not look at causes of the breakdown and after fulfilling other conditions (the marriage existed at least for one year, the spouses have not been living with each other at least for six months) the marriage may be divorced within one court date. As a result, only when issues pertaining to children are solved the marriage in both cases may be divorced.
4. What types of evidence can be used when divorcing in the Czech Republic?
Any kind of evidence such as documents, witnesses’ examinations etc. needed to prove the conditions for divorce or to settle the level of potential alimony or to arrange the matrimonial property.
5. What other family life aspects are settled once with the divorce?
- common property
- custody of the minor children
- the right of the other spouse to keep in touch with the children
- maintenance and support of a minor children
- maintenance and support of a spouse
6. Is my presence necessary in the Czech Republic when divorcing?
In the case of an amicable divorce the presence of spouses is not obligated, the spouse can be represented by an attorney. In the case of a contentious divorce the presence of both spouses is needed. The spouses need to be heard by the court about the cause of divorce. Role of the court is to lead the spouses to elimination of this cause of divorce.
7. What kind of temporary measures concerning children can be ordered during divorce proceedings in the Czech Republic?
The court may order these temporary measures concerning children:
- children’s residence
- the custody
- regulation of visitation rights
- and every other aspect that is necessary
8. How can a parent living abroad keep in touch with his child?
In an agreement of condition of minor children after the divorce approved by the court there are conditions settled about the custody of the child, about his residence and the contact with the parent living abroad. This agreement is needed to be followed or the parent living abroad can also request consent of other parent with the child leaving the country. A written consent is recommended. This does not prejudice modern communication channels to keep in touch with the child beside these personal contacts.
9. In case a parent lives in another European State, is that an obstacle for joint custody?
A parent living in another EU State is not an obstacle when applying for joint custody.
10. How can a divorce resolution issued in the Czech Republic be acknowledged in another European State?
A divorce resolution issued in the Czech Republic is acknowledged and enforceable in any other European State. Once the divorce resolution is final, the parties may request the issuance of a European form that can be used in any European State.