Family

Marriage, divorce and children under Czech law

Family relationships are governed by Book Two of the Civil Code (Act No. 89/2012). The rules apply broadly the same way to Czech citizens and foreign residents, but for international couples, the choice of applicable law and courts matters.

Marriage

Weddings in Czechia can be civil or religious with civil effect. Foreign nationals need a certificate of no impediment (certificat de coutume or equivalent) apostilled or legalised, plus certified translations. Prenuptial agreements are common and are always notarial deeds. They can modify community property or establish full separation of property.

Divorce

Two flavours: contested and uncontested. In an uncontested divorce, spouses agree on property division and, if there are children, on custody and maintenance, and file jointly. A judge does not investigate the reasons. The whole process can be finished in three to six months.

Contested divorces require proof that the marriage has broken down deeply and permanently. Court decides on custody, property division and any spousal maintenance separately. For international couples, one spouse may push the case into a foreign court where they are advantaged, which is why timing the filing matters.

Custody and maintenance

Default position is joint custody (spolecna pece) if parents can cooperate, alternating custody (stridava pece) if they cannot but both are engaged, or sole custody (vylucna pece) if the arrangement fits the child better. Maintenance is calculated by reference to both parents' means and the child's needs. Courts use a recommendation table published by the Ministry of Justice as a starting point.

International elements

For couples of different nationalities, EU regulations (Rome III on divorce law, Brussels IIb on jurisdiction) usually apply. Non-EU cases fall under Czech private international law (Act No. 91/2012). Get a specialist lawyer before the first filing. Once a court is seized, moving the case is very hard.

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