May 29, 2025

Faster Divorces, Clearer Custody: Czech MPs Approve New Law Reform

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Prague Morning

Czech lawmakers have approved sweeping changes that will simplify divorce and child custody proceedings, with the new rules set to take effect next year.

The lower house of Parliament passed an amendment to the Civil Code on Wednesday, aiming to speed up divorces and make the process less burdensome for families with children.

The proposal, backed by the Justice Ministry, would allow divorces and child custody arrangements to be handled together in a single court proceeding—provided the parents agree on the terms.

One of the biggest changes is the elimination of the requirement to prove why a marriage failed, removing what many see as an outdated and often painful part of the process.

Lawmakers also approved a new rule that formalizes parents’ responsibility to raise children without physical punishment or psychological harm.

While this principle has long been recognized in Czech law, its explicit inclusion responds to recommendations from the European Committee on Social Rights.

However, the Justice Ministry clarified that the amendment does not introduce new penalties for corporal punishment. An effort by MP Nina Nováková (KDU-ČSL) to remove this clause—on the grounds that it was redundant—did not pass.

If the Senate signs off on the changes, couples with children who are in full agreement on custody and divorce terms will be able to avoid certain court procedures, such as mandatory questioning. Still, courts will continue to prioritize the child’s welfare, meaning they must first approve post-divorce custody arrangements before granting the divorce.

The draft also abolishes the distinction between joint, alternate and single-parent care. It would no longer distinguish between the resident parent, i.e. the parent who has custody of the child, and the non-resident one who has only the right to contact with the child.

The amendment now heads to the Senate for debate.

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