Divorce 2026

2026 is Rewriting the Rules of Divorce. Are You Ready?

This new model brings opportunities for a faster and less painful resolution, but it also hides risks for those who are not perfectly prepared. The state is giving spouses more freedom, but with it comes full responsibility for the quality and fairness of their agreements. In situations where there is a financial or informational imbalance, the role of an experienced legal representative becomes crucial to protecting your interests.

A Faster and More Efficient Path to Agreement: The New "Contractual Divorce"

The amendment introduces the new concept of a contractual divorce, which replaces the current uncontested divorce and significantly simplifies the entire process. The goal is to allow spouses who are able to reach an agreement to end their marriage civilly, quickly, and with minimal costs.

The key simplification lies in removing several formal and often stressful obstacles:

• No more determining the causes of the breakdown: The court will no longer investigate who was at fault for the breakdown of the marriage. If the spouses agree on the divorce, the marriage is presumed to be irretrievably broken, and there is no need to open up painful topics in court.

• Abolition of the six-month separation requirement: The obligation to prove that the spouses have not been living together for at least six months is now eliminated. This removes unnecessary delays and allows the situation to be resolved immediately.

• Possibility of divorce without a personal court appearance: If all agreements are well-prepared and there is complete consensus, the court can waive the mandatory questioning of the spouses. This saves time and reduces emotional stress.

However, these benefits are not automatic. The condition for a successful contractual divorce is the submission of flawless and legally binding agreements on the settlement of the community property of spouses, housing, and arrangements for the children. The lawyers at ARROWS specialize in preparing these key agreements, ensuring that the process runs smoothly and without the risk of being rejected by the court. Write to us at konzultace@arws.cz and avoid unnecessary complications.

A Revolution in Child Care: The End of Alternating Care and the New Reality of Equal Care

The most radical change concerns child care. The law completely abolishes established categories such as sole, alternating, or joint custody. The aim is to end parents' disputes over who "wins" a certain label and to focus on the actual best interests of the child.

From now on, there is only one legal regime: parental care. The court will no longer assign a type of custody but, in case of disagreement, will detail the scope of care and contact for each parent – for example, specific days of the week, holidays, or vacations.

The law introduces a new guiding principle of equal care. It is important to understand that this does not automatically mean 50:50 care. It is an expression of the principle that both parents are equally important to the child and have both the right and the duty to participate in their upbringing. However, the practical arrangement must always correspond to the child's best interests, considering their age, needs, and the stability of their environment.

This change is viewed with mixed feelings. While some experts believe it will reduce conflict, others warn that the vague definition of "equal care" could lead to new, even more complex disputes over its interpretation, especially in contentious cases or with very young children.

For clients with international ties – for example, if one parent lives abroad – this change is particularly sensitive. Thanks to the ARROWS International network, built over ten years, our Prague-based team handles cases with an international element daily and can ensure that care agreements are not only compliant with the new Czech legislation but also recognizable and enforceable abroad. For an immediate solution to your international situation, write to us at konzultace@arws.cz.

Child Support: New Enforcement Tools and the Controversial Market for Receivables

The amendment introduces the revolutionary and controversial option to assign (sell) overdue child support to a third party, such as a specialized agency. This tool is a double-edged sword.

On one hand, it can provide the custodial parent with immediate access to funds for the child without having to undergo lengthy and exhausting enforcement proceedings. On the other hand, experts warn of the emergence of a predatory trade in child support, which could lead to aggressive collection practices and the sale of receivables far below their actual value.

The law attempts to prevent these risks by establishing safeguards, such as the need for court approval for receivables involving minor children or the condition of paying the full principal amount. Another tool to motivate timely payment is the introduction of higher default interest on overdue child support.

Whether you are on the enforcing or the debtor side, this change brings complex legal and financial risks. Our lawyers provide strategic legal consultations that protect against the disadvantageous sale of a receivable, while also effectively representing clients in defense against unreasonable practices by collection agencies. Do not hesitate to contact our office – konzultace@arws.cz.

Changes in the Court Process: A Single Proceeding and Financial Incentives for Agreement

In addition to substantive law changes, the amendment also reforms the court process itself to make it faster and more efficient. A key innovation is the consolidation of divorce proceedings and proceedings on the arrangement of matters concerning children into a single court proceeding. Previously, two separate processes had to take place, which disproportionately prolonged everything.

This consolidation will significantly shorten the total period of uncertainty for the family. At the same time, however, it places much higher demands on preparation. It is necessary to be prepared from the very beginning to negotiate comprehensively on all aspects – children, property, and child support.

Furthermore, the state also financially motivates spouses to reach an agreement. Court fees are now tiered: CZK 2,000 for a contractual (agreed) divorce and CZK 5,000 for a contested divorce. If the spouses reach an agreement during a contested proceeding, the court will refund them CZK 3,000. This is a clear signal that an amicable settlement is the preferred and cheaper path.

At ARROWS, we understand that time and efficiency are also key for our clients. We are used to working quickly and under pressure, which is a crucial advantage in the new, accelerated proceedings. Connect with us at konzultace@arws.cz and get a tailor-made legal solution.

The New Era of Family Law Requires an Experienced Partner

The family law reform effective from 2026 opens the door to faster and more civilized divorces for those who are well-prepared. At the same time, however, ambiguities in child care arrangements and new financial risks in the area of child support pose pitfalls for the unprepared. Successfully navigating a divorce under the new regime requires more strategic planning and expertise than ever before.

ARROWS is not just a law firm; we are a strategic partner who protects you, your family, and your assets, guides you through the complex process, and ensures the best possible outcome. We are a partner for key life situations as well as for your business.

Whether you are facing a decision to divorce or want to proactively protect your assets in the context of the new rules, our Czech legal team is ready to provide you with comprehensive support. Contact us at konzultace@arws.cz and arrange an initial consultation.