1 What are the conditions for obtaining a divorce?
The area of family law has been extensively revised and new provisions have applied since 1 January 2026. For example, the amendment has removed the court’s obligation to identify the reasons for the marriage breakdown (with some exceptions - see below).
The conditions for obtaining a divorce are governed by Sections 755–757 of Act No 89/2012, the Civil Code, depending on whether the petition for divorce has been lodged only by one of the spouses, or whether the other spouse has joined the petition, or, more precisely, whether the petition for divorce was lodged jointly by the spouses (divorce by mutual consent of both spouses).
A marriage can be dissolved if the cohabitation of the spouses is deeply, permanently and irretrievably broken and cannot be expected to be restored (Section 755(1)). Despite the fact that there has been a breakdown in the cohabitation of the spouses, the marriage cannot be dissolved if the dissolution would be inconsistent
(a) with the interest of a minor child of the spouses who has not acquired full legal capacity, which is determined based on specific grounds; the child’s interest in the continuation of the marriage is established by the court, including, where appropriate, by requesting the opinion of the guardian appointed by the court for the proceedings for the arrangement of the relationships with the child for the period after the divorce; or
(b) with the interest of the spouse who was not primarily responsible for the breakdown of the marriage through violation of matrimonial obligations and who would be particularly seriously harmed by the divorce, taking into account that there are extraordinary circumstances weighing in favour of preserving the marriage, unless the spouses have not lived together for at least three years (Section 755(2)).
If the spouses have a minor child who has not acquired full legal capacity, the court will not grant the divorce until a decision on the arrangement of the relationships with the child for the period after the divorce has been made (Section 755(3)).
The court deciding on the dissolution of the marriage establishes whether the marriage has broken down. It establishes the causes of the breakdown only if the spouse who did not lodge the petition for divorce argues that there is a ground for the petition to be rejected pursuant to Section 755(2)(b).
Divorce by mutual consent
If a spouse joins a petition for a divorce lodged by the other spouse or if both spouses lodge a joint petition for a divorce and the spouses are found to concur in their statements regarding the breakdown of the marriage and the intention to obtain a divorce, the conditions under Section 755(1) are deemed to have been met if:
(a) at the date of the start of the divorce proceedings the marriage has lasted at least one year;
(b) the spouses who are the parents of a minor child who has not acquired full legal capacity have agreed on the arrangement of their relationships with the child for the period after the divorce and the agreement has been approved by the court;
(c) the spouses have agreed on settling their financial matters, their residence and, where appropriate, any maintenance duty for the period after the divorce.
These agreements must be made in writing and the signatures must be certified.
2 What are the grounds for divorce?
The grounds for divorce are a deep, permanent and irretrievable breakdown of the marriage, where the spouses cannot be expected to be able to live together again.
3 What are the legal consequences of a divorce as regards:
3.1 the personal relations between the spouses (e.g. the surname)
A spouse who has adopted the surname of the other spouse may notify the registry within six months of the divorce decision becoming final that he/she wishes to revert to his/her previous surname or that he/she will no longer append the other spouse’s surname to his/her original surname.
3.2 the division of property of the spouses
Joint property of spouses ceases to be held jointly on their divorce.
If the joint property is liquidated or destroyed or reduced in size, the former common obligations and rights are dissolved through a settlement. The settlement agreement must be in writing if it was concluded during the marriage or if the subject of the settlement is something for which the ownership transfer contract also requires agreement in writing. Should the spouses fail to agree on a settlement for their common property, the court will carry out a settlement of the common property at the request of one of the spouses. When settling common property, the court starts from the assumption that the spouses have equal shares in the assets constituting their joint property. Each spouse is entitled to request repayment of their contribution to the joint property and is required to repay anything paid out of the joint property for his or her exclusive assets. During the settlement, the primary focus is on the needs of dependent children, along with the way in which each of the spouses cared for the family (particularly how they cared for the children and the family home), and their contribution to the acquisition and maintenance of the value of the assets constituting their joint property, as well as the fact whether one of the spouses has committed domestic violence or an intentional criminal offence against the other spouse, taking into account in particular the nature, seriousness, duration and circumstances of such an offence. If within three years of the divorce no settlement agreement is concluded or no petition for its settlement by court ruling has been filed, tangible movable assets are deemed to belong to the person who uses them as an owner exclusively for his or her own needs, the needs of his or her family or the needs of his or her household. Other tangible movable assets and immovable assets are deemed to be co-owned with each co-owner having an equal share; the same also applies to other property rights, receivables and debts.
3.3 the minor children of the spouses
Prior to granting a divorce to the parents of a minor child who has not acquired full legal capacity, the court lays down the arrangement of the relationships with the child (care and maintenance) for the period after the divorce.
3.4 the obligation to pay maintenance to the other spouse?
A divorced spouse has a duty to maintain the other divorced spouse who is not capable of supporting himself or herself where this inability has its origin in the marriage or is related to it. In determining maintenance, account is taken in particular of age, the state of health at the time of the divorce, and termination of custody of the children of the marriage. If the couple fail to reach agreement on the amount of the maintenance, the court will decide on the basis of a proposal by one of the spouses. This maintenance can be paid in a lump sum or in instalments.
Should the spouses or divorced couple fail to agree on maintenance, the court may award maintenance based on a proposal from the spouse who was not the primary cause of the breakdown of the marriage and who suffered serious damage as a result of the divorce, but for no longer than three years after the divorce.
The right to maintenance ceases if the entitled spouse remarries or enters into a partnership.
4 What does the legal term “legal separation” mean in practical terms?
Legal separation does not exist in the Czech Republic.
5 What are the conditions for legal separation?
See question 4.
6 What are the legal consequences of legal separation?
See question 4.
7 What does the term “marriage annulment” mean in practice?
The court will annul a marriage even without a petition, if it was concluded with a man or women who was already married, or with a person who had previously entered into a partnership or registered partnership or other similar union abroad, if that marriage, partnership or other similar union still exists; or between an ascendant and a descendent, between siblings or between people related through adoption.
The court will annul a marriage on a petition by one of the spouses whose consent to enter into the marriage was obtained under duress consisting in the use of violence or threats of violence or whose consent to enter into the marriage only resulted from an error concerning the identity of the intended spouse or the nature of the marriage declaration. The petition must be filed within one year from the earliest day on which the spouse was able to do so in view of the circumstances, or on which he/she learnt of the true situation.
The court will annul a marriage on a petition by someone who has a legitimate interest therein if the marriage was concluded despite the presence of a legal obstacle (e.g. being underage or, incapacity to undertake legal acts; this does not apply in the case of restricted legal capacity).
The marriage is void if, in the case of at least one of the persons aiming to enter into the marriage, the conditions that must be unreservedly met were not complied with in their consent to the marriage or in the marriage ceremony or in connection with it.
8 What are the conditions for marriage annulment?
See question 7.
9 What are the legal consequences of marriage annulment?
A marriage that is annulled by a court is considered never to have been concluded from the very beginning (ex tunc). However, until such time as the court declares it to be void, it is regarded as valid. The same provisions govern the rights and responsibilities of the spouses concerning their children and their property after a marriage has been annulled as in the case of a divorce. A marriage annulment means that any declaration made by the alleged spouses concerning their surname also becomes void. Both spouses subsequently return to their original surnames and have no right to choose their surnames. After the annulment of a marriage the surnames of any children remain unchanged. The presumption of fatherhood remains with the mother’s spouse even after the marriage has been annulled.
10 Are there alternative non-judicial means for solving issues relating to the divorce without going to court?
There are various counselling services for family, marital and interpersonal relationships. Another option is mediation. Further details are available on the website of the Association of Mediators of the Czech Republic and the Association of Marriage and Family Advisors of the Czech Republic. However, the dissolution of marriage by divorce may only occur on the basis of a final order handed down by a court.
11 Where should I lodge my application (petition) for divorce/legal separation/marriage annulment? Which formalities must be respected and which documents should I attach to my application?
An application to commence divorce proceedings and an application to commence annulment proceedings are filed at the district court for the district in which the couple had its last common residence in the Czech Republic, provided at least one of the spouses is resident in the district where the court has jurisdiction. Should this court not exist, the general court of the spouse who did not file the petition to commence proceedings has jurisdiction, and if there is no such court, then jurisdiction lies with the general court of the spouse who did file the petition to commence proceedings. The general court of a natural person is the district court for the district in which this person has his/her residence, and if he/she does not have a residence, the district in which he/she is staying. Residence means the place in which a person resides with the intention of staying there permanently (there may also be several such places, so all these courts may count as the general court). If the spouses have a common minor child, the court competent for the proceedings is the minor child’s ordinary court meaning the court for the district in which the minor is domiciled as specified in the parents’ agreement or a court decision or, where appropriate, based on other decisive facts. If, in such a case the competent court is not known, jurisdiction lies with the court for the district in which the minor is staying. The matter is to be referred to the competent court as soon as possible. For further details see information on court jurisdiction.
The petition must be made in writing, it must show clearly which court it is intended for and who is filing it, as well as clearly stating each of the parties (name, surname, date of birth, address of permanent residence or postal address), the circumstances in which the marriage was entered into and a confirmation of the marriage breakdown. The petition must be signed and dated. In the case of a petition where both spouses have agreed on the divorce, it must contain the signatures of both spouses. The facts alleged in the petition should be supported by evidence.
12 Can I obtain legal aid to cover the costs of the procedure?
In general, the parties are not entitled to compensation for the costs of the divorce proceedings, the annulment of a marriage or a ruling on whether the marriage is void or not. The court may award compensation for these costs or part thereof should the circumstances of the case or the situation of the parties justify so doing. On application, the chairman of the court senate may grant a party full or partial exemption from the court costs, providing this is justified by the situation of the party and provided this does not involve the arbitrary or clearly futile application or obstruction of a right. If necessary to protect the interests of a party to the proceedings, the party may also apply to the court to appoint legal counsel (a barrister). The court may also appoint legal counsel prior to the commencement of proceedings, but the party must fulfil the conditions for exemption from court fees. The party must provide the court with evidence of his/her social situation, income and assets.
Assuming that the requirements set out in Act No 85/1996 on attorneys, are met, an application may also be made to the Czech Bar Association (Česká advokátní komora) to provide the services of a legal counsel free of charge or for a reduced fee.
In cross-border disputes, free legal assistance is available in line with Council Directive 2003/8/EC of 27 January 2003, which establishes the necessary forms and requirements for granting legal aid. In the Czech Republic, this Directive has been transposed by Act No 629/2004 on provision of legal aid in cross-border disputes within the European Union. More information is available on the website of the Ministry of Justice of the Czech Republic: https://msp.gov.cz/web/msp/preshranicni-pravni-pomoc-v-eu.
13 Is it possible to appeal against a decision relating to divorce/legal separation/marriage annulment?
An appeal may be filed against a decision to grant a divorce or annul a marriage within fifteen days of receipt of the written copy of the court decision. The appeal is submitted in writing to the court against which the appeal is being filed. If a corrective decision is issued with regard to the original decision, the deadline begins again from the date on which the corrective decision comes into legal effect. An appeal is also considered to have been filed in time even if it arrives after the fifteen-day deadline, where the appellant acted on incorrect instructions from the court regarding the appeal. An appeal is not admissible if the decision on the divorce was issued based on the agreement of the spouses.
14 What should I do to have a decision on divorce/legal separation/marriage annulment issued by a court in another Member State recognized in this Member State?
If the decision issued in another EU Member State (apart from Denmark) falls within the temporal scope of Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (Brussels II ter Regulation), or within the temporal scope of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (Brussels II bis Regulation), the decision will be recognised without any special procedure. The Registry Office will simply take account of the decision and make an additional record in the appropriate register automatically on submission of the required documents, i.e. the final decision of a court in another EU Member State or a certified copy thereof, concerning a divorce, legal separation or annulment of the marriage with an official translation into Czech and the certificate referred to in Article 36 of the Brussels II ter Regulation (or Article 39 of the previously applicable Brussels II bis Regulation). The courts that decided on the divorce, legal separation or annulment of the marriage will issue a certificate at the request of a party to the proceedings. The requirement to submit this certificate may be waived if all the facts that would otherwise be contained in the certificate can be found in the decision itself, or in other documents submitted (e.g. if the decision submitted is endorsed as being final).
However, the interested party may apply to the competent district court for a ruling on the acknowledgement or otherwise of the decision, for example if there is a need to clarify whether the marriage exists or not (Article 30(3) of the Brussels II ter Regulation). In that case however, this only concerns the right of the interested party and is not an obligation; this type of court decision is not required for a normal entry in the register.
If the decision was issued in another EU Member State prior to 1 May 2004 and at least one of the parties to the proceedings is a citizen of the Czech Republic, decisions on matrimonial matters are recognised on the basis of a special decision of the Supreme Court of the Czech Republic. Foreign decisions, endorsed as being final, or other documents required (e.g. marriage certificate) are submitted to the Supreme Court of the Czech Republic with an official translation into Czech and provided with the appropriate higher authentication (superlegalisation, apostille), unless otherwise laid down in an international treaty. Further details on these proceedings can be found on the website of the Supreme Court of the Czech Republic.
Certain bilateral agreements on legal aid, binding on the Czech Republic (these are agreements with Slovakia, Hungary and Poland), contain provisions recognising judgments on matters other than proprietary matters issued by the authorities of the other party (which also include decisions on divorce/legal separation/annulment), which are recognised in the Czech Republic without a special procedure and are merely taken into account by the Registry Office. In these cases, the Registry Office makes an additional entry in the register after submission of a foreign decision endorsed as being final, with an official translation into Czech and provided with the appropriate higher authentication (superlegalisation, apostille), unless otherwise laid down in an international treaty. The procedure set out above obviously only applies in cases where the decision was issued prior to 1 May 2004. Otherwise the procedure set out in the Brussels II ter Regulation or, where appropriate, Brussels II bis Regulation applies– see above.
The Czech Republic is a signatory to the Convention on the Recognition of Divorces and Legal Separations (the Hague, 1 June 1970). Provided the decision meets the conditions prescribed in this Convention, a practice has been introduced in the Czech Republic according to which there is no need for a special procedure to be brought before the Supreme Court of the Czech Republic for recognition, provided the decision entered into force after 11 July 1976, i.e. the day on which the Hague Convention entered into force for the Czech Republic. A foreign decision endorsed as being final is submitted to the Registry Office with an official translation into Czech and provided with the appropriate higher authentication (superlegalisation, apostille), unless otherwise laid down in an international treaty.
15 To which court should I turn to oppose the recognition of a decision on divorce/legal separation/marriage annulment issued by a court in another Member State? Which procedure applies in these cases?
A decision can be challenged on the grounds specified in Article 38 of the Brussels II ter Regulation. In that case an application can be made to the locally competent district court, which is the ordinary court for the natural person against whom the petition is directed.
The automatic recognition of a decision by a Registry Office in accordance with a bilateral agreement or the Convention on the Recognition of Divorces and Legal Separations (The Hague, 1 June 1970) can be prevented in administrative proceedings with the option of filing a subsequent appeal to the competent regional court under the administrative court system.
There is no appeal against the recognition of a decision by the Supreme Court of the Czech Republic.
16 Which divorce law does the court apply in a divorce proceeding between spouses who do not live in this Member State or who are of different nationalities?
In the Czech Republic, under Act No 91/2012 on private international law 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 or, if not, by the Czech legal system.
If the divorce would 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.
The Czech Republic does not take part in the enhanced cooperation established under Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.
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