Arrangement of the separate property regime before and during divorce proceedings

|Attorney|Czech Bar Association Reg. No. 18517

Published:6/6/2024Updated:9/14/2026

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

The separate property regime is governed by the Civil Code. Specifically, it is regulated in Section 730 et seq. and requires a notarial deed that provides a detailed description of the assets and liabilities of each spouse.
Establishing the regime requires a notarial deed and registration. Following a consultation with an attorney and the preparation of documentation, the notarial deed must be signed by both spouses and subsequently registered in the central register of contracts on matrimonial property regimes.
You protect your property from your partner's debts. One of the key advantages is the protection of your property from any potential debts of the other spouse, thereby minimizing financial risks.
You stop the creation of community property during divorce. The separate property regime allows for the cessation of the creation of the community property of spouses (Společné jmění manželů - SJM) during divorce proceedings, which prevents further property complications and disputes over newly acquired assets.

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Mgr. Vendula Růžková, LL.M., MBAassociate

consultation@arws.cz +420 245 007 740

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.

Frequently asked questions about concluding a separate property agreement

1. What form must an agreement on the separate property regime take?

The form of a public deed, in practice a notarial deed (Section 716(2) of the Civil Code). As it is an agreement, it must be concluded by both spouses, and the separate property regime cannot be established unilaterally. Engaged couples may also conclude the same agreement before the wedding.

2. Must the agreement be entered in a public register?

Only if the agreement so provides or if both spouses request it. The entry is then made without undue delay by whoever drew up the agreement, typically a notary (Section 721 of the Civil Code). Everything that changes the statutory matrimonial property regime is entered.

3. Can the separate property regime be agreed with retroactive effect?

No, a provision on retroactive effect is disregarded. The agreement stops the creation of community property only for the future, and spouses usually settle what already forms part of the community property in the same agreement.

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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.

Are you looking for help with setting up a separate property regime? Do not hesitate to contact us – we are here for you! Write to us or give us a call.

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Frequently asked questions about the separate property regime

1. What does the separate property regime mean?

That no community property of spouses arises and each spouse has their own property. Each spouse may then deal with their own property without the other spouse's consent (Section 729 of the Civil Code), so, for example, they do not need the other spouse's consent to sell their real estate.

2. Can the separate property regime still be agreed during divorce proceedings?

Yes. Spouses may agree on a contractual regime at any time during the marriage, including during a divorce, and property acquired afterwards no longer falls into the community property. The agreement may also arrange property relations in the event the marriage ends (Section 718(2) of the Civil Code).

3. Will a separate property agreement protect assets from the other spouse's debts?

Only partially. The agreement must not affect the rights of a third party who did not consent to it, and it has no legal effect towards such a creditor (Section 719(2) of the Civil Code). It therefore does not automatically protect assets from existing creditors.

4. Can the agreement limit a spouse's duty to provide for the family?

No. The consequences of the agreement must not exclude a spouse's ability to provide for the family. Nor can it exclude or change the rules on the ordinary furnishings of the family household, unless one spouse has permanently left the household and refuses to return.

5. How do spouses share income when they run a business together under the separate property regime?

According to what they have agreed in writing; otherwise, business income is divided equally. The same applies when one spouse runs a business with the help of the other (Section 730 of the Civil Code). Without a written agreement, each receives half of the income regardless of who did more work.

About the author

Mgr. Vendula Růžková, LL.M., MBA

Associate

LinkedIn|Czech Bar Association Reg. No. 18517

Mgr. Vendula Růžková, LL.M., MBA is an experienced attorney at ARROWS, specializing in commercial and civil litigation. Her focus lies in procedural law and the development of litigation strategies aimed at achieving concrete results and protecting clients’ business interests. She also practises family law and inheritance law, in particular divorces, arrangements for minor children, child maintenance and the protection of family assets from the risks of business activity.

ruzkova@arws.cz +420 245 007 742

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.