Yes, foreigners can be divorced in the Czech Republic. It is not necessary for the couple to be married in the Czech Republic, and it is not necessary for any one of the spouses to have Czech citizenship, as long as certain conditions are met. Among these are:
- both spouses have habitual residence in the Czech Republic; or
- the last habitual residence of the spouses was in the Czech Republic, and one of them still lives there; or
- the defendant is habitually resident in the Czech Republic (the spouse not filing divorce petition); or
- in the case of a joint divorce petition, at least one of the spouses is habitually resident in the Czech Republic; or other conditions.
If both spouses are foreigners from a non-EU member state, it is advisable to consult an Attorney; jurisdiction is also determined by international treaties.
How does Divorce Proceedings Work in the Czech Republic?
Married Couple with Minor Children
If the married couple has minor children, the Court will only divorce them after there was a Court ruling on the children’s custody and child support. Czech courts generally have jurisdiction to decide on these matters if the child has habitual residence in the Czech Republic or if he/she is a Czech citizen.
There are two types of divorce, depending on whether 1) both spouses agree with the divorce or whether 2) one of them disagrees.
1) Uncontested Divorce
If both spouses agree with the divorce, the process is much easier. The spouses shall cooperate on approving the basic conditions and there are certain requirements:
a) a) One-year Duration of Marriage. If the marriage lasted at least one year and the spouses are separated for at least 6 months. Separation means that spouses do not form “family or marriage union” and can be present despite living together in one household.
b) Child Custody Agreement. The married couple have signed and the Court has approved an agreement on minor children’s custody and child support.
c) Property Division, Housing and Alimony Agreement The couple shall sign an agreement on the division of their marital property, and must agree on possible spousal support and the housing of each spouse after the divorce. Their signatures on the agreement must be officially certified.
2) Contested Divorce
If one of the spouses does not agree on the conditions of the divorce or does not want the marriage to be dissolved, contested divorce follows. One of the spoused files the divorce petition. Then the Court shall find out by evidence whether there are conditions for the divorce. These are:
a) the marriage is permanently, deeply and irretrievably broken and it cannot be restored; and
b) the divorce does not collide with the interests of spouses’ minor child; and
c) the divorce is not contrary to the interest of the spouse who did not substantially participate in the breakdown of the marriage, and this spouse would incur serious harm by the divorce.
How long does a divorce proceedings take in the Czech Republic?
Uncontested divorce is quicker. You can expect that it takes around 2-4 months from the divorce petition to the Court hearing. The Court decides during single hearing.
Contested divorce may take longer. Evidence is presented in the proceedings, the Court may hear witnesses, examine documentary and other evidence.
What is the Court Fee for divorce proceedings take in the Czech Republic?
Court fee is 2 000 CZK for each type of divorce.
We are ready to help you with divorce (contested or uncontested), property division and child custody proceedings, as well as with the procedure for recognition of judgment in your home state. We have long term experience in representing foreigners in family law matters.
