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.
In case that spouses fail to reach agreement, there may be separate court proceedings on (1) child custody and divorce, (2) spousal and (3) ex-spousal alimony, (4) division of marital property and possibly also on (5) termination and settlement of co-ownership (e.g. if they acquired property before wedding). 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.
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.
Unlike in some other countries, there is no automatic claim to ex-spousal alimony in the Czech Republic. Several conditions must be met in order to qualify for alimony payments.
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.
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.
In the Czech Republic, proceedings on separation of marital 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.
The Czech Constitutional Court delivered a landmark decision on the issue of valorization of assets invested into marital property. This decision will have a far-reaching impact on divorce settlement of marital property in cases where either of the spouses used their exclusive funds towards purchase of marital assets.
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.
Tomáš Gawron, advokát
Drtinova 557/10
150 00 Praha 5
I am available at the office subject to previous appointment only.
Tel.: +420 732 32 36 38
Email: advokat@gawron.cz
Data box: a44qpi2
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Mgr. Tomáš Gawron, LL.M., advokát | Reg. No. of Czech Bar Association: 16826 | Company ID: 04836880