Basic information about divorce proceedings in the Czech Republic
This article has been rewritten in line with the new legislation introduced in 2026.
Foreigners constitute 10% of population of the Czech Republic. That is quite a significant number which means that Czech courts are increasingly dealing also with divorces of foreigners’ marriages. Information below is meant to provide basic overview of divorce proceedings in the Czech Republic. It is not meant as a complete information, but rather as a helpful guide which I as an attorney give to my clients following introductory meeting and in-depth information on the process.
Child custody, divorce, alimony and division of matrimonial property
Beginning 2026, child custody and divorce are decided within the same court proceedings. Previously, divorce could take place only after a final decision on child custody was rendered, which lead to additional time and financial expenses.
Nevertheless, if the spouses fail to reach agreement, additional separate court proceedings ma take place regarding (2) spousal and (3) ex-spousal alimony and (4) division of marital property. Each of these proceedings may have different requirements for court jurisdiction and may be governed by a different law. This article deals only with general introduction into divorce proceedings in the Czech Republic.
- For general introduction into spousal alimony, please read article: Attorney’s introduction into spousal alimony payments after divorce in the Czech Republic.
- For general introduction into preliminary injunction, please read article: When marriage becomes unbearable: Restraining order and preliminary injunction for alimony prior to divorce in the Czech Republic
- For specialist legal explanation of jurisdiction and governing law on divorce, please read article: Expat divorce in the Czech Republic: Court jurisdiction and governing law of divorce proceedings.
- For specialist legal explanation of jurisdiction and law governing division of matrimonial property, please read article: Expat divorce in the Czech Republic: Jurisdiction and law governing separation of matrimonial property.
Divorce
Amicable and contentious divorce
2026 change of law has significantly simplified divorce proceedings. The court does not conduct evidentiary hearing regarding reasons of marriage’s breakdown, unless one of the parties claims existence of extraordinary reasons for denial of divorce. Unlike before, the court is also not bound to attempt reconciliation of the spouses.
In case of a marriage that has lasted for longer than a year and when the spouses either concluded a divorce agreement or both stated their willingness to divorce in their respective letters to court, the judge may render the divorce decision without a court hearing.
A detailed evidentiary court hearing must take place if one of the spouses alleges extraordinary reasons for denial of divorce. Article 755(2) of the Civil Code states the following:
Even though the cohabitation of the spouses is disrupted, the marriage cannot be dissolved if the divorce would be contrary to
a) the interests of the spouses’ minor child who has not attained full legal capacity, which is given by special reasons, whereby the court shall determine the child’s interest in the continuation of the marriage, if necessary, by consulting the guardian appointed by the court for proceedings to regulate the child’s circumstances for the period after the divorce, or
b) the interests of the spouse who did not contribute significantly to the breakdown of the marriage by violating marital obligations and who would suffer particularly serious harm as a result of the divorce, provided that exceptional circumstances favor the preservation of the marriage, unless the spouses have not lived together for at least three years.
A typical reason for denial of divorce may be a situation of a gravely ill person who is dependant on help of their long-term spouse.
Children
Marriage can be divorced in the Czech Republic only when issues pertaining to children are solved. Beginning 2026, child custody and divorce should be decided in a single proceeding, “unless it is not appropriate.”
Division of marital property
First of all, it is important to establish what actually is marital property and what is an exclusive property of each of the (ex-)spouses. Generally everything that either or both of the spouse gained during the marriage is their common property. Exclusive property typically consists of:
- what either of the couple gained before the marriage,
- property for personal use of either of the couple,
- property gained as a gift or inheritance by either of the couple,
- property gained as damages for injury committed to a person’s natural rights,
- property gained as damages for loss of property exclusively owned by either of the couple.
There are three possibilities to deal with common property:
- amicable – by agreement of the couple,
- amicable – by law,
- contentious – by court decision.
The married couple is free to divide their common property as they wish in an agreement. Such agreement would typically be filed in together with the motion for divorce.
Amicable – by law. This means that if there has been neither an agreement nor a court decision within 3 years since the divorce, then:
- material possessions remain in the sole ownership of that person, who solely uses them for their family or their household,
- other material possessions as well as immovable property (flat, house) will be co-owned by both (with 50/50 stake), and
- other rights, receivables or debts will be co-owned by both (with 50/50 stake).
In case of contentious proceeding on the division of common property, the court will abide by the following rules:
- both parties’ shares will be equal (50/50),
- each of the parties shall refund funds used from common property towards their exclusive property,
- each party may request refund of funds they spent from their exclusive property towards common property,
- needs of dependent offspring shall be taken into account,
- taking into consideration how each of the couple was taking care of the family, especially as regards children and common household,
- taking into consideration how each of the couple contributed towards acquisition and maintenance of the common property,
- consideration shall be given to the fact that one of the spouses has committed domestic violence or an intentional criminal offense against the other spouse, in particular to its nature, severity, duration, and circumstances.
Housing
Amicable divorce requires also agreement as regards future housing of each of the spouses. This may be straightforward when there are multiple properties of which each of the couple gains exclusive ownership in the agreement on property. In other cases, the spouses need to decide whether they will both continue to live in the same property after the divorce or whether one of them will leave (even if they become owner of 50% share of the flat).
Ex-spousal support
Under Czech law, one of the ex-spouses may be liable to pay alimony to their ex-spouse (separate of any property deal reached in property agreement mentioned above). An ex-spouse may be liable to pay alimony in case that
- the other is unable to provide for themselves on their own,
- this inability to provide for themselves originated in the marriage, and
- the payment of alimony is just (e.g. taking into consideration the age or health of the payer).
Alimony may be replaced by a single compensation payment.
In case that one of the couple suffers significant detriment by the divorce and this person did not predominantly cause the marriage to fail, they can request an alimony in the amount that will provide them with the same standard of living as the payer for up to three years after divorce.
Further information: Attorney’s introduction into ex-spousal alimony payments after divorce in the Czech Republic
Process
Drafting agreement
If there is a chance of reaching an amicable divorce, I work with my clients towards drafting a mutually acceptable agreement on divorce, division of marital property, future housing and ex-spousal support.
If the case involves minors, a separate agreement regarding child custody and child support will also be drafted.
Securing necessary documents
A marriage certificate must be presented to the court. In case that the marriage took place in another country, an apostille must be added to the marriage certificate (typically at embassy) and it must be also translated by a court translator. As the case may be, other documents may be also needed (typically child birth certificates).
Filing for divorce
Once agreement on necessary issues is reached and required documents are secured, a lawsuit may be filed with an appropriate court. Court fee for divorce is CZK 2.000 for amicable divorce and CZK 5.000 for contentious divorce. If needed, court will appoint an interpreter. Interpreter costs during the proceeding will be paid by the court.
Court proceeding
Court proceeding will take upwards from four months depending on outlying issues and on whether the divorce will be amicable or contentious. Please be aware that at least one court hearing may take place where the judge will be confirming information written in the agreement and in the lawsuit.
Jump-starting divorce (pre-divorce marital property settlement)
My clients sometimes wish to have their assets divided as soon as possible. Amicable divorce without children typically takes 8 – 12 weeks to be processed. Amicable divorce involving children (child custody and support) typically takes up to ~4 months. The case may take 9 to 15 months if conducted as contentious, i.e. if parents don’t agree on particulars of child custody and support payments and the case is also subject to a review by an appellate court.
If the spouses are in agreement regarding division of their property and need to have it solved as soon as possible, I work with my clients towards having their property terminated by a notarial deed and settled through a mutual agreement. Such settlement becomes valid and enforceable immediately, unlike “normal” settlement which comes into effect only on the day of finality of the divorce judgement. In the best case scenario, you can have your marital property settled within 2 weeks of first contacting me (provided a notary is also available).
Typically, this allows a sovereign start of a new life, including refinancing of a mortgage or purchasing of separate properties, while the court case takes its time in the background.
Summary
These are the main steps you need to take:
- Secure all necessary documents and their translations,
- prepare a detailed list of common and exclusive property and the way you wish it to be divided,
- decide on preferred future living arrangement (including children),
- decide on alimony or one-time payment of compensation (or neither).
In general, I recommend having an in-depth meeting with an attorney as a very first thing – even before talking the matter through with a spouse.
If you are considering getting a divorce in the Czech Republic, don’t hesitate to contact me.
Tomáš Gawron, advokát – Prague based attorney