Getting Divorced in Czech Republic Will Be Much Easier

Divorce courts will no longer be concerned with investigating the reasons behind the marriage’s breakdown or verifying the observance of the six-month separation period.

In cases where both parties mutually consent to the divorce, the courts will dispense with the compulsory interrogation of the spouses, and the presence of their legal representatives will suffice.

MP Ewa Decroix, the project’s author, stated, “The family dynamic is evolving, and cohabitation patterns are changing. However, the current legislation still reflects norms from the 1970s. These revisions are projected to take effect from the start of 2025.

The proposal is aligned with the policy statement of the Peter Fiala government (ODS), which committed to promoting “consensual parental conflict resolution.” Uncontested divorces that already exist will be labeled as “amicable” divorces.

The MP asserts that the divorce process should become more affordable, expedited, and comfortable. This would be achieved through a combined procedure for divorce and custody matters, a single court fee, and the option for courts to conduct divorce hearings outside traditional courtrooms, such as in a judge’s office.

The proposed amendment also eliminates the compulsory interrogation of spouses during divorce proceedings. “If spouses mutually consent to divorce and written documentation confirms their intent, there’s no requirement for them to appear in court,” the amendment’s author clarified.

In divorces involving couples with children, appointing a guardian will not always be obligatory. Decroix believes that in cases where there’s no risk of conflicting interests between parents, a guardian’s appointment should not be obligatory. The court will now only designate a guardian if it determines that the parents are neglecting their children’s interests.

The aim of the amendment to the Civil Code is to mitigate the trauma associated with divorce by mutual agreement.