Divorce in Czech Republic and conditions for its obtaining
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Loading... - Lissette Moran
- 14 Jul 2022
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Divorce in Czech Republic and conditions for its obtaining. Custody agreement and custody arrangement in Czech Republic. Divorce in Czech Republic can be approved by the Czech court only. A petition filed by one of the spouses is always required. There are two types of proceedings based on whether an agreement exists between the spouses or not.
Agreement between the spouses – Czech divorce
The divorce sis based on two written agreements: (i) agreement concerning the arrangements in respect of the minor child or children for the time after the divorce and (ii) agreement concerning their property situation, their housing and, where appropriate, the maintenance and support for the period after this divorce.
The court will approve the divorce without investigating the cause(s) of the breakdown if all the following conditions are met (i) the other spouse joins the petition for divorce, (ii) the marriage has lasted at least one year, and the spouses have not lived together for more than six months and (iii) the spouses who are parents of a minor child which has not yet acquired full legal capacity have agreed to provide for the written agreement concerning the arrangements in respect of the minor child or children for the time after the divorce and the court has approved the agreement.
Before the Czech court approves the divorce the spouses have to provide the Czech court with written agreement with certified signatures concerning their property situation, their housing and, where appropriate, the maintenance and support for the period after this divorce.
In other cases the court will investigate the reasons for the breakdown and its decision to grant the divorce remains within its decretion. If spouses have a minor child who has not yet acquired full legal capacity, the court shall not divorce the marriage until it decides on the situation of the child at the period after the divorce.
The court will not grant the divorce if (i) the spouses have a minor child and special reasons dictate that it is against the interests of the child (e.g. physical or mental disability) and/or (ii the spouse who was not primarily responsible for the breakdown of the marriage through violation of matrimonial obligations disagrees with the petition for divorce and would be seriously harmed by the divorce. The court will then reject the petition for divorce if extraordinary circumstances indicate that the marriage should be preserved. However, if the spouses have not been living together for at least three years, the court will dissolve the marriage if it has broken down.
Applicable law in divorce proceedings between spouses who do not live in Czech Republic or who are of different nationalities
In the Czech Republic, the termination of marriage by means of a divorce is governed by the legislation of the country of which the spouses were nationals at the time of the commencement of the divorce proceedings.
If the spouses are nationals of different countries, the termination of the marriage by divorce is governed by the legislation of the country in which both spouses have their habitual residence.
If the spouses have neither the same nationality nor habitual residence at the time of the commencement of the divorce proceedings, the the termination of the marriage by divorce is governed by the Czech legal system.
Should the divorce be covered by a foreign legal system that does not allow the termination of marriage by divorce, or only under exceptionally difficult circumstances, and provided at least one of the spouses is a citizen of the Czech Republic or at least one of the spouses has their habitual residence in the Czech Republic, Czech law will apply. Read More...
