Amendment to Divorce Proceedings Effective from January 2025

Divorce – Now Simpler and Faster

The amendment also abolishes the existing condition that spouses must prove they have been living apart for at least 6 months before filing for divorce. In practice, this means that spouses will no longer have to wait for this period to elapse if they decide to divorce. This step was often seen as an unnecessary formality that needlessly prolonged the entire process. It will now be possible to file for divorce immediately after the spouses decide to end their marriage.

End of Mandatory Questioning of Spouses

One of the most fundamental changes is the abolition of the mandatory questioning of spouses in court for uncontested divorces. Under the previous practice, both spouses had to appear in person before the court in every case and be questioned about the reasons for the divorce.

The amendment abolishes this mandatory questioning, which means that if spouses file for divorce and agree on all essential matters – primarily the settlement of property, housing, and child custody – the court can hear and approve the divorce without their presence. This change will significantly simplify the divorce proceedings and shorten the time spouses must spend in the court process.

Differentiated Court Fees

In an effort to motivate spouses to reach an agreement, the amendment also introduces differentiated court fees. For an uncontested divorce, where the spouses agree on all matters, the court fee will be CZK 2,000. If no agreement is reached between the spouses and the court has to decide on contested issues, the fee will increase to CZK 5,000. This difference is intended to encourage agreements and thus speed up the entire process.

Consolidation of Divorce and Minor Children's Arrangements Proceedings

On a procedural level, the amendment brings a major innovation – the consolidation of proceedings on the arrangements for a minor child for the period after the divorce with the divorce proceedings themselves. In cases where the spouses have a minor child together, both of these proceedings will be conducted jointly, which will simplify and speed up the entire process. This change will contribute to better protection of the children's interests and eliminate the unnecessary delays that separate proceedings have caused until now.

Other Changes

The amendment also introduces other important changes aimed at simplifying processes concerning minor children and reducing the burden on courts. 

One of these changes is the option for the court, in cases where there is no conflict of interest between the parents and the child, to refrain from appointing a conflict guardian. This step will simplify and speed up the proceedings, as a conflict guardian (usually the Authority for Social and Legal Protection of Children - OSPOD) was previously appointed automatically, which often led to unnecessary delays and administrative burdens.

The amendment also introduces a new institute of a provisional decision, which will supplement and at the same time replace the existing interim measure. A provisional decision will allow the court to temporarily adjust the child's circumstances, such as their residence or contact with parents, without the need to adopt stricter interim measures. This tool gives courts more flexibility in resolving situations that require a quick and temporary solution.

A fundamental change is also the removal of the previous distinction between different forms of child care. The child will now remain in the care of both parents. The court will no longer have to decide whether to entrust the child to the care of one parent or to opt for alternating or joint care. This change promotes the equal responsibility of both parents for the child's upbringing. If no agreement is reached, the court will, of course, intervene and decide based on the child's best interests, while being able to flexibly approach the care arrangements and also decide on the maintenance obligation.

Conclusion

The amendment to the divorce proceedings brings long-awaited simplification and acceleration of the divorce process, especially in cases of uncontested divorces. The abolition of mandatory questioning, the consolidation of divorce proceedings with proceedings on the arrangements for minors, and the differentiation of court fees are steps aimed at making life easier for spouses who want to divorce by agreement.

At the same time, this change reflects a modern approach to parental responsibility, where emphasis is placed on the equal participation of both parents in the child's life. The amendment is scheduled to take effect from January 2025. If you are planning a divorce, it is advisable to consult with an expert on how these changes may affect your situation.

New rules for divorce, custody, and maintenance will take effect from January 2026 - read the new information here. 

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