From 1 January 2026, the Czech Republic introduces major amendments to divorce proceedings, child custody, child support, and parental responsibility. Below is a clear overview of the key changes that will affect families.
- Introduction of the “agreed divorce” A new legal tool for couples who reach a full agreement on the divorce, property settlement, and arrangements for their children. The agreed divorce replaces the previous uncontested divorce and removes several formal barriers. The mandatory six-month separation period is abolished.
- Removal of fault-finding in marriage breakdown Courts will no longer assess which spouse “caused” the breakdown of the marriage, unless statutory reasons exist for rejecting the divorce petition. Filing for divorce will generally be sufficient.
- Merging divorce with proceeding on arrangement of child's circumstances Until now, courts had to decide on child custody first, and only thereafter could they address the divorce itself. From 2026, both matters will be handled in a single proceeding. This makes the process faster, less stressful, and more predictable for all involved.
- Possibility to decide without mandatory personal attendance If spouses fully agree on property matters and child-related arrangements, the court may issue a decision without hearing the spouses in person.
- New court fee structure The amendment introduces transparent fees for various types of divorce. Court fee for agreed divorce: CZK 2,000; for contested divorce: CZK 5,000; and if the spouses reach an agreement during the proceedings: CZK 3,000.
These reforms make divorce faster, less burdensome, and more agreement-oriented.
New Rules for Child Custody and Parental Responsibility
One of the most significant changes concerns how courts will determine arrangements for children after divorce or separation.
- Introduction of a “temporary decision” This new instrument replaces interim measures in child-related matters. The court will issue it promptly after both parents' statements, and no appeal will be permitted. It helps stabilise the situation while the main proceedings continue.
- Abolishing “exclusive”, “shared”, and “alternating” custody labels These rigid categories are removed. Instead, the court will focus solely on how each parent will exercise childcare (time, frequency, place, etc.). The goal is to tailor decisions to the actual circumstances of the child and parents, without relying on formal labels that often generate unnecessary conflict.
- Equal status of both parents The amendment emphasises that a child is entitled to both parents' care, and both parents have the right and duty to care for their child. The reform does not aim to impose a 50/50 model, but rather a flexible and needs-based arrangement.
- More flexible and individualised court decisions Courts will be able to set detailed care schedules, adjust contact conditions (location, supervision, restrictions), or order indirect contact (e.g., phone calls or online communication).
- Limited automatic involvement of the child protection authority (OSPOD) OSPOD will no longer participate in every case by default. Its involvement will be required only where necessary to protect the child’s interests.
These changes aim to reduce parental conflict, prioritise the child’s needs, and allow courts to take a more individualised approach.
Child Support and Enforcement – What Will Change
The amendment also brings substantial changes to child support (maintenance):
- Possibility to assign a child support claim A parent (often a single parent) may transfer the child support claim to a collection agency or another third party. The parent receives the outstanding amount immediately, regardless of whether enforcement later succeeds. This can provide essential financial relief.
- Reflecting child’s future needs in child support decision Child support decisions may take into account not only current but also foreseeable future needs (e.g., school enrolment). This reduces the need to file for repeated increases shortly after the original decision.
- Higher default interest for unpaid child support The goal is to motivate obligated parents to fulfil their duties on time.
These measures strengthen enforcement of child support payment and better protect the financial wellbeing of children.
Expanded Child Protection
The amendment also strengthens the legal framework for parental responsibility:
- Ban on physical punishment Parents are legally required to raise their children without physical punishment or degrading treatment.
- Stronger emphasis on the child’s best interests Courts must prioritise the child’s wellbeing, stability, and needs when deciding custody, contact, and child support, rather than relying on formal legal categories.
What These Changes Mean for You as our Potential Client
If you are considering a divorce, the new legislation offers a significantly faster, less formal, and more affordable process.
In matters involving children, the law now prioritises the child’s individual needs rather than rigid custody categories, making it easier to reach functional and realistic parenting arrangements.
If the other parent is not paying child support, the possibility to transfer the claim to a third party may give you quick access to funds needed for your child’s care.
Schedule an initial consultation with us – we will review your case and assist you in preparing all necessary petitions and agreements. We provide full legal representation throughout the entire process.
