Smluvený rozvod jako nová cesta

A New Era of Divorce in the Czech Republic – Agreed Divorce as a Path to Agreement

An agreed divorce is a mechanism that allows spouses to end their marriage without unnecessary delays if they agree on all essential matters. Its essence is the maximum simplification of court proceedings in cases where there is consensus between the spouses. The amendment introduces several fundamental differences from the current legislation, which is valid until the end of 2025.

No More Investigating the Causes of Marital Breakdown

One of the most significant changes is the abolition of the requirement to investigate the causes of marital breakdown. In the past, the court had to examine what led to the breakdown of the marriage, which often resulted in emotional and conflicting testimonies about mutual fault. Under the new rules, this requirement is completely eliminated for agreed divorces. The court will not even investigate the existence of the marital breakdown itself if the spouses agree and file a joint petition or if one joins the other's petition. In such a case, the marital breakdown is presumed.

This change fundamentally shifts the approach to agreed divorces from a quasi-investigative model to a purely consensual one. By removing the need to prove fault or even the truth of the claims about the breakdown, the law implicitly trusts the spouses' declaration of their intent to divorce. This shift significantly reduces the confrontational nature of the entire process, making it less emotionally demanding and speeding it up.

It moves towards a "no-fault" system for consensual cases, which is in line with modern trends in family law worldwide. This eliminates the need for spouses to air grievances or prove who caused what in court, contributing to a smoother process and reducing the burden on the judiciary.

Abolition of the Six-Month Separation Requirement

The previous legislation required spouses to prove they had been living apart for at least six months before filing for divorce. This condition was often seen as an unnecessary formality that disproportionately prolonged the entire process. The amendment abolishes this condition, meaning a divorce petition can be filed immediately after the spouses decide to end their marriage.

Mandatory Court Hearing of Spouses is No Longer Required

In past practice, both spouses had to appear in person before the court in every case and be heard regarding the reasons for the divorce. The amendment abolishes this mandatory hearing for agreed divorces. If the spouses file for divorce and agree on all essential matters—primarily the settlement of property and housing—the court can process and approve the divorce without requiring their personal presence.

Together, these changes create a strong legislative incentive and a practical path for amicable, fast, and cost-effective divorces. The removal of formalistic obstacles, such as the six-month separation and mandatory hearing, directly leads to faster processing. This legislative intent actively promotes out-of-court settlements and reduces the burden on the judicial system.

Practical Steps for an Agreed Divorce After the 2026 Amendment

For a successful agreed divorce after the amendment, preparation and agreement between the spouses on all essential matters are key. An agreement on the settlement of their affairs, especially child custody, alimony, property, and housing, is necessary.

The spouses file a joint divorce petition, or one spouse files a petition and the other joins it. The petition is filed with the competent district court. If the spouses have a minor child together, the court with local jurisdiction is the one in the child's place of residence (the general court of the minor child).

Why Choose an Agreed Divorce? Key Advantages

The amendment to the Civil Code and the associated agreed divorce bring a number of significant advantages for spouses who decide to end their marriage by agreement.

Speed and Simplicity

Eliminating the investigation of the causes of breakdown, abolishing the mandatory hearing, and the separation requirement significantly shortens the overall duration of the process. The process becomes administratively less demanding and faster.

Lower Costs

The amendment introduces different court fees with the clear aim of motivating spouses to reach an agreement and thus speed up the entire process.

In the case of an agreed divorce, i.e., a divorce based on the spouses' agreement, the court fee is CZK 2,000. This procedure is not only procedurally simpler but also financially less expensive.

If the spouses cannot agree and a contested divorce proceeding is necessary, the court fee is CZK 5,000. In addition to the higher court fee, it should also be noted that a contested divorce is usually more time-consuming and procedurally more complex.

The reduced court fee for agreed divorces represents a significant financial saving compared to a contested divorce, where the fee is higher. This financial difference is a direct legislative tool intended to economically encourage spouses to find an agreement.

Less Emotional and Psychological Burden

The process is less confrontational as it eliminates the need to "air dirty laundry" in court and mutual accusations. Reducing conflict and speeding up the process has a cascading positive impact on the entire family. Divorce is inherently a stressful event. By removing conflict-generating requirements and instead promoting agreement, the law directly reduces this emotional burden.

Conclusion and Recommendation

The amendment to the Civil Code, effective from January 2026, represents a significant step towards modernizing Czech family law. The "agreed divorce" offers a faster, cheaper, and less burdensome way to end a marriage, provided the spouses are able to reach an agreement.

Despite the simplification, divorce is still a complex legal process with far-reaching consequences. It is always advisable to consult the situation with a family law expert. A lawyer can help navigate the new legal regulations, prepare the necessary agreements, and ensure the smoothest possible divorce process, considering the best interests of all involved.