Can Foreigners Divorce in the Czech Republic?

Yes, foreign nationals can get divorced in the Czech Republic. It is not necessary for the marriage to have been entered into in the Czech Republic, nor is it necessary for either spouse to be a Czech citizen, provided that certain conditions are met. These conditions include:

both spouses have their habitual residence in the Czech Republic; or
the spouses' last common habitual residence was in the Czech Republic and one of them still resides there; or
the respondent spouse (the spouse who does not file the divorce petition) has their habitual residence in the Czech Republic; or
in the case of a joint divorce petition, at least one of the spouses has their habitual residence in the Czech Republic; or
other jurisdictional grounds apply.

If both spouses are foreign nationals from a non-EU country, it is advisable to consult an attorney, as jurisdiction may be determined by applicable international treaties.

How Does Divorce Proceedings Work in the Czech Republic?

Spouses with Minor Children

If the spouses have minor children, arrangements concerning the children must be determined first, or the court may decide on child custody and child support simultaneously with the divorce.

As a general rule, Czech courts have jurisdiction to decide these matters if the child has their habitual residence in the Czech Republic or is a Czech citizen.

There are two types of divorce, depending on whether:

both spouses agree to the divorce; or
one of the spouses does not agree.

1. Agreed Divorce

If both spouses agree to the divorce, the process is considerably simpler.

The spouses must reach an agreement on the key issues and satisfy the following requirements:

a) Marriage Duration of at Least One Year

The marriage must have lasted for at least one year.

b) Agreement Concerning the Children

The spouses must enter into an agreement regarding the care of their minor children and child support.

The agreement must be approved by the court.

c) Agreement on Property, Housing and Maintenance

The spouses must conclude an agreement concerning:

the division of marital property,
any maintenance obligations between them, and
their future housing arrangements following the divorce.

The signatures on the agreement must be officially certified.

2. Contested Divorce

If one spouse disagrees with the divorce or its terms, or if the spouses do not satisfy the requirements for an agreed divorce, the divorce becomes contested.

One spouse files a divorce petition, and the court examines whether the following conditions are met:

The marriage has broken down permanently, seriously and irretrievably, and there is no realistic prospect of reconciliation.
The divorce is not contrary to the interests of the spouses' minor children.
The divorce is not contrary to the interests of a spouse who did not substantially contribute to the breakdown of the marriage and for whom the divorce would cause serious hardship.

How Long Does Divorce Proceedings Take in the Czech Republic?

An agreed divorce is generally faster.

You can usually expect approximately two to four months to pass between filing the divorce petition and the court hearing. In most agreed divorce cases, the court decides the matter at a single hearing.

A contested divorce may take considerably longer because the court must conduct evidence-taking proceedings. This may include hearing witnesses and reviewing documentary or other evidence.

What Is the Court Fee for Divorce Proceedings in the Czech Republic?

The court fee depends on the type of divorce.

For an agreed divorce, the court fee is CZK 2,000. For a contested divorce, the court fee is CZK 5,000.

If a petition for a contested divorce is filed and the court fee of CZK 5,000 is paid, but the spouses subsequently reach an agreement and the court grants an agreed divorce, the difference of CZK 3,000 is refunded.

Need Assistance with a Divorce in the Czech Republic?

We regularly assist both Czech citizens and foreign nationals with agreed and contested divorces, divorce agreements, and proceedings concerning child custody and support.

We have extensive experience representing clients in family law matters and would be pleased to assist you with your case.