Arrangement of the separate property regime before and during divorce proceedings
A separate property regime may be agreed before divorce or even during the proceedings, preventing further assets from becoming joint marital property. The agreement must be executed as a notarial deed and requires both spouses’ consent. The article explains the procedure, registration of the agreement and how separating assets can reduce later disputes.
Key takeaways
What is the separate property regime?
In the Czech Republic, the legal regulation of property relations between spouses is enshrined in the Civil Code. The separate property regime is specified in Section 730 et seq. The notarial deed establishing this regime usually contains a precise description of the assets and liabilities of each spouse.
Procedure for establishing a separate property regime
Consultation with a legal expert: The first step is to consult a lawyer specialising in family law, who will explain all the legal aspects and consequences of this step.
Preparation of documentation: Together with your lawyer, you will prepare all the necessary documentation, including a description of assets and liabilities.
Notarial deed: This is followed by a visit to a notary, who will draw up a notarial deed establishing the separate property regime. This deed must be signed by both spouses.
Registration: The notarial deed is then registered in the central register of contracts on the matrimonial property regime.
Advantages and disadvantages of the separate property regime
Advantages:
Asset protection: Each spouse protects their assets from the other spouse's potential debts.
Clear division of property: In the event of a divorce, the property is clearly divided, and there are no disputes over its division.
Suspension of the community property of spouses (SJM) during divorce proceedings: The separate property regime allows for the suspension of the creation of community property, which can be particularly advantageous in cases where divorce proceedings are prolonged. This step prevents further property complications and disputes over newly acquired property during the proceedings.
Disadvantages:
Administrative complexity: The process of arranging and registering the regime is administratively demanding and can be time-consuming.
Financial costs: The services of a notary and a lawyer involve certain financial costs.
Conclusion
Establishing a separate property regime, whether before or during divorce proceedings, is an effective tool for protecting the property interests of each spouse. This step requires careful legal advice and administrative action, but it can prevent many future complications. If you are considering this step, we recommend consulting an expert in family law who will provide you with the necessary information and assistance.
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Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.