When a married couple, or one of the spouses, decides to end their marriage, special conditions apply if the family includes minor children. The court must not only decide on the divorce itself but also on the custody (i.e., where the child will live) and maintenance of the minor children. In practice, this requires filing two separate motions, potentially with different courts. Matters concerning children are handled by the court in their place of residence, while divorce proceedings are generally conducted in the court of the couple’s last shared residence. If neither spouse resides there anymore, jurisdiction falls to the court where the non-filing spouse resides.
Czech law distinguishes between two types of divorce: amicable divorce and contested divorce.
Amicable Divorce
The conditions for an amicable divorce are as follows:
- The marriage must have lasted at least one year.
- The spouses must have lived apart for at least six months.
- Agreements regarding minor children (custody and maintenance), joint property, housing, and post-divorce support must be in place. These agreements require certified signatures.
This process involves either a joint divorce petition or a petition that the other spouse agrees to join. The agreement concerning minor children must be approved by the court. As a result, even an amicable divorce currently requires two separate court proceedings: one for child-related matters and another for the divorce itself.
Contested Divorce
In a contested divorce, decisions regarding minor children are made first. The court determines custody, maintenance, and visitation rights. Only after these rulings become final can the divorce proceedings continue.
A key distinction in contested divorces is that the court evaluates whether the marriage is fundamentally and irreparably broken beyond repair. This typically involves statements from both spouses. In contrast, if both parties agree to divorce, courts often adopt a more straightforward approach. A simple statement from both spouses, clearly outlining an obvious reason for the breakdown of the marriage, is usually sufficient to justify the decision.
Issues related to joint property are addressed separately after the divorce becomes final—either through mutual agreement or by court order upon request by one spouse. If no agreement is reached or a motion filed by one of the spouses within three years post-divorce, a statutory framework for property division applies.
Planned Legal Changes
A draft amendment to the Czech Civil Code aims to simplify divorce procedures. Under this proposal:
- In contested divorces, courts would only investigate the causes of marital breakdown if the non-filing spouse claims that rejecting the petition is justified (e.g., severe harm to one spouse or extraordinary circumstances favoring marriage preservation). This requirement would not apply if spouses have been separated for at least three years.
- The six-month separation period for amicable divorces would be eliminated.
- Joint petitions or agreements between spouses would face fewer procedural hurdles.
For families with minor children, divorces would be consolidated into a single proceeding under Section 398a of Act No. 292/2013 Coll., governing special judicial procedures.
This amendment has passed its second reading in Parliament and is expected to be enacted by early 2026. It also includes changes emphasizing equal parental roles in child custody decisions, reflecting societal trends and Constitutional Court rulings promoting equality in parenting and the life of a minor.