Legal information guide – divorce, child custody, alimony and property settlement court proceedings in the Czech Republic
As a divorce attorney based in Prague I am often approached by English speaking expat clients who are unable to find up-to-date and trustworthy basic overview of what a divorce proceedings in the Czech Republic entail and look like.
Therefore I wrote several articles on particular aspects of divorce that are linked below. This is meant to provide basic summary of divorce proceedings in the Czech Republic. It is not meant as a complete information, but rather as a helpful guidance which can make a first meeting between an attorney and client much more productive.
If you are considering a divorce in the Czech Republic and you would like to get more legal insight regarding your situation, please do not hesitate to contact me for a purpose of in-person meeting, remote consultation or advice by email.
Divorce
In case that spouses fail to reach agreement, there will be separate court proceedings on (1) child custody and child maintenance, (2) divorce itself, (3) spousal and ex-spousal alimony and (4) division of marital property. Each of the 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.
You are entitled to your day in court. However this may look a lot different based on which type of divorce the court will be deciding on.
Sometimes circumstances require immediate relief before formal divorce proceedings can be started. That typically happens in cases of abusive behavior that may have either violent nature or may be done through denial of funds.
Primary issues regarding divorce of foreigners in the Czech Republic concern court jurisdiction and law that will govern the proceedings. This article presents overview of those two main issues.
Child custody, support payments, visitation rights
A marriage in the Czech Republic cannot be divorced before a decision on custody of children is rendered. The court will prefer to decide in accordance with parent’s agreement. If there is no agreement, the court will make a decision that will best serve children’s needs.
Not only biological parents may demand visitation rights with children. Also a step-parent that has been raising up a biological child with their now ex-partner may seek further contact with the child. This may however prove to be an uphill battle.
Property settlement
In the Czech Republic, proceedings on separation of matrimonial property run separately from divorce proceedings, unless parties reach an overall agreement on divorce that deals also with property. In case that spouses fail to reach an agreement, separate proceedings on property may be started after court ruling on divorce. Primary issues of such case between foreigners in the Czech Republic concern court jurisdiction and law that will govern the proceedings.
Other
This article presents a brief explanation of basic rules of conduct in a Czech courtroom during civil proceedings. How should one behave, what to do and what to avoid? I wrote this article mainly with divorce, child custody and marital property settlement cases in mind but it is generally applicable to all civil proceedings.
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