Amendment to divorce proceedings effective from January 2025: what does It bring?

24.10.2024

From January 2025, an amendment to divorce proceedings is set to take effect, significantly altering some established rules and providing relief for couples who have decided to divorce. The main goal is to simplify and speed up the entire process, reduce administrative burden, and increase comfort for participants in divorce proceedings. This article will outline the most important changes brought by the amendment and explain what they mean for those planning to file for divorce.

Divorce – Now Simpler and Faster

One of the key changes introduced by the amendment is the abolition of the requirement to investigate the causes of marital breakdown under Section 756 of the Civil Code. This requirement will remain only in specific cases. For uncontested divorces, where the spouses agree on all key issues such as property settlement, child custody, and housing, the court will no longer investigate even the existence of the marital breakdown.

Removal of the 6-Month Separate Living Condition

The amendment also eliminates the current requirement that spouses must prove they have been living apart for at least six months before filing for divorce. In practice, this means that couples will no longer have to wait for this period to pass if they decide to divorce. This step was often seen as unnecessary formalism that unnecessarily prolonged the process. Now, couples will be able to file for divorce immediately after deciding to end their marriage.

End of Mandatory Spousal Hearings

One of the most significant changes is the abolition of mandatory spousal hearings in court for uncontested divorces. Under current practice, both spouses must personally appear before the court and be questioned about the reasons for the divorce. The amendment removes this mandatory hearing, meaning that if the spouses file for divorce and agree on all important matters – primarily property settlement, housing, and child custody – the court can process and approve the divorce without their presence. This change will significantly simplify divorce proceedings and reduce the time spent in court.

Differentiated Court Fees

In an effort to encourage spouses to reach an agreement, the amendment also introduces differentiated court fees. For uncontested divorces, where the spouses agree on all matters, the court fee will be CZK 2,000. If the spouses cannot agree and the court must resolve disputed issues, the fee will increase to CZK 5,000. This difference aims to promote agreements and thereby speed up the entire process.

Merger of Divorce and Child Custody Proceedings

On a procedural level, the amendment introduces a major innovation – the merger of divorce proceedings with child custody proceedings for the post-divorce period. In cases where the spouses have a minor child together, both proceedings will take place simultaneously, simplifying and accelerating the entire process. This change will help protect the interests of children and remove unnecessary delays caused by separate proceedings.

Other Changes

The amendment also introduces other important changes aimed at simplifying processes related to minor children and reducing the burden on courts. One of these changes is the possibility for the court to waive the appointment of a guardian (usually the Office for Social and Legal Protection of Children, or OSPOD) when there is no conflict of interest between the parents and the child. This step will simplify and speed up proceedings, as the automatic appointment of a guardian often led to unnecessary delays and administrative burden.

The amendment also introduces a new instrument, the provisional decision, which will complement and simultaneously replace the current interim measure. The provisional decision will allow the court to temporarily regulate a child's situation, such as their place of residence or contact with parents, without the need for stricter interim measures. This tool gives courts more flexibility in handling situations that require quick and temporary solutions.

A fundamental change is the removal of the current distinction between different forms of child custody. Going forward, children will remain in the custody of both parents. The court will no longer have to decide whether to place the child in the care of one parent or opt for alternating or joint custody. This change promotes shared parental responsibility for the child's upbringing. If no agreement is reached, the court will intervene and decide based on the best interests of the child, while flexibly setting custody arrangements and determining child support obligations.

Conclusion

The amendment to divorce proceedings introduces long-awaited simplifications and accelerates the divorce process, especially in uncontested cases. The abolition of mandatory hearings, the merger of divorce proceedings with child custody proceedings, and the differentiation of court fees are steps aimed at making life easier for couples wishing to divorce by mutual agreement. At the same time, this change reflects a modern approach to parental responsibility, emphasizing the equal involvement of both parents in the child's life.