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Are you facing divorce, dealing with child custody issues, or worried about the future of your property or business? At ARROWS Law Firm, we provide comprehensive legal services in the area of family law, giving you peace of mind and helping you navigate even the most complex life situations. With our extensive experience, ranging from the preparation of marriage contracts to strategic representation in court disputes, we will turn your concerns into a secure future. Find out exactly how we can help you.

The end of a chapter: How to get through a divorce with peace of mind and confidence?

Divorce is undoubtedly one of the most difficult periods in life, full of emotions, uncertainty, and fears about the future. At ARROWS, we understand that at such a time, you need not only a legal expert, but also human support and a clear guide through the entire process.

Our lawyers specialize in family law and help clients every day to find the best possible solution that minimizes stress and protects their interests. The first step is always to understand the basic paths that divorce proceedings can take.

Contested or uncontested divorce? The first step that determines the price, time, and stress

Czech law distinguishes between two basic forms of divorce, the choice of which will fundamentally influence the entire process—financial costs, time commitment, and the degree of emotional stress. Our goal is always to strive for the smoothest possible process, so we will help you figure out which path is right for you.

The most effective and least costly option is a divorce by mutual consent. This option is possible if the legal conditions are met: the marriage lasted at least one year, the spouses have not lived together for more than six months and, most importantly, they are able to agree on two key areas – the arrangement of care for minor children after the divorce and the settlement of joint property.

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At ARROWS, we will not only help you to formulate such an agreement correctly, but we will also support you in negotiating it to ensure that it is fair and legally watertight.

If an agreement cannot be reached, a contested divorce follows. This process is significantly more complex, longer, and more expensive. In these situations, the role of our attorneys changes – we become your strong advocates, uncompromisingly protecting your rights and interests in a conflictual environment.

How is joint property divided? Protecting what you have built over the years

The settlement of property is one of the most complex and conflictual parts of a divorce. It is not just a matter of dividing the house and savings, but often also debts, investments, or shares in companies. This is where the value of expert legal assistance is most evident, as it can protect the property to which you are legally entitled and prevent you from losing what you have built up over the years.

What is and what is not joint marital property? A clear and comprehensible overview

The basic concept is joint marital property (SJM). Simply put, SJM includes everything that has property value and was acquired by one or both spouses during the marriage. It is important to note that SJM includes not only assets (real estate, cars, money), but also liabilities, i.e., debts incurred during the marriage.

However, the law provides for several important exceptions that do not fall under SJM. These include, for example, property that serves the personal needs of one of the spouses, property acquired by gift or inheritance by only one of the spouses, compensation for damage to exclusive property, or compensation for non-pecuniary damage.

Our lawyers at ARROWS will help you precisely identify what falls within the joint property of spouses and what does not, which is key to a fair settlement.

A common and complicated situation is that of so-called contributions and offsets. These are cases where one spouse has invested their exclusive funds (e.g., money from an inheritance) in joint property (e.g., for the renovation of a house), or, conversely, joint funds have been used for the exclusive property of the other spouse. The law provides that these investments must be taken into account and compensated. However, without professional assistance, spouses often forget about these claims and lose hundreds of thousands of dollars.

(photo: Vendula Růžková, family law specialist, ARROWS law firm)

The clock is ticking: Why do you have to act within three years of divorce?

After divorce, joint marital property ceases to exist and must be settled. The law gives spouses a period of three years to do so. If they fail to reach an agreement during this period and neither of them files a petition with the court, an irrefutable legal presumption, known as the statutory presumption of settlement, applies. However, the consequences of this are very disadvantageous.

This means that movable property remains in the possession of the person who uses it. Everything else—i.e., real estate, business shares, but also all debts—becomes the joint property of both former spouses, with equal shares.

At ARROWS, we strongly recommend that you never allow this situation to arise; by preparing an agreement in advance or filing a petition with the court, we will protect your property and prevent future complications.

Key risks in the settlement of joint marital property (SJM)

Below is an overview of the most common risks our clients face and how ARROWS helps them prevent and resolve them.

Risk to Address Potential Issues and Penalties How ARROWS Helps
Missing the 3-year deadline for settlement Leads to disadvantageous co-ownership of all assets and debts. Loss of control over property. We ensure timely filing with the court or prepare a comprehensive agreement that protects your rights.
Hidden debts of the other spouse You may be forced to repay half of debts you didn’t know existed. Risk of enforcement (execution) against your assets. We conduct a legal audit of assets and liabilities and draft an agreement that protects you from these risks.
Disagreement over the value of assets (real estate, cars) Lengthy and costly court disputes, need to pay expensive expert opinions. Risk of undervaluation. We handle communication with experts and effectively represent you in negotiations over fair asset valuation.
Pressure to sign an unfavorable agreement Emotional pressure may cause you to give up a significant portion of property to which you are legally entitled. We provide an objective legal opinion and ensure your rights are not undermined by coercion.
Unrecognized contributions from separate property If you invested personal funds (e.g., inheritance) into jointly owned property, you could lose that money. We carefully analyze all contributions and ensure you receive fair reimbursement during the settlement.
Disputes over what belongs to joint marital property (SJM) Uncertainty leads to conflict and delays. The other party may deliberately challenge ownership. We prepare a detailed legal analysis and inventory of marital property to avoid unnecessary disputes.
Invalid settlement agreement Poorly drafted agreement (e.g., incorrect form for real estate) is invalid, and the entire process must be repeated. We draft a legally sound settlement agreement that complies with all statutory requirements.

What about the children? Their well-being is our absolute priority

Children are the most emotional and important part of any divorce. At ARROWS, we approach custody and child support issues with the utmost sensitivity and professionalism. Our goal is always to find a solution that is in the best interests of the child while respecting your parental rights and responsibilities.

Childcare: What are the options and what is best for your child?

Before the divorce is finalized, the court must decide how the care of minor children will be arranged. Although the final decision rests with the court, the parents' agreement carries enormous weight and is always taken into account by the court. There are three basic models of care:

  • Sole custody: The child is entrusted to the care of one parent, while the other parent has a set amount of contact and pays child support. This is historically the most common model.
  • Joint custody: The child lives with each parent for a certain period of time (e.g., a week) on a rotating basis. This model places high demands on the parents' ability to cooperate.
  • Joint custody: Parents share custody without a fixed schedule. This model requires the highest degree of agreement and communication between parents and can only be granted by a court with their consent.

Our attorneys will help you negotiate a custody agreement that best suits the needs of your children and your specific situation, and then prepare it in a legally correct form for court approval.

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Child support: How is it determined and what are you entitled to?

Determining child support is often a source of dispute. The basic rule is that a child has the right to share in the standard of living of their parents. When determining the amount of child support, the court takes into account not only the reasonable needs of the child (age, health, extracurricular activities, education), but also the abilities, possibilities, and financial circumstances of both parents.

It is important to know that the court does not only assess officially declared income. It may also take into account the overall standard of living of the parent, their assets (real estate, cars, savings) and, in some cases, the income of a new partner with whom they live in a shared household.

If the court suspects that a parent is deliberately avoiding better-paid work in order to pay lower maintenance, it may apply the so-called fiction of average monthly income and determine maintenance based on the amount that the parent could earn given their education and abilities.

In addition to child support, under certain conditions there is also a right to spousal support. This comes into play if one of the spouses is unable to support themselves (e.g., due to caring for a small child or for health reasons) and this inability originated in the marriage.

At ARROWS, we will provide you with a comprehensive assessment of your maintenance claims and represent you effectively in proceedings to determine or modify them.

My company is my life's work. How can I protect it in a divorce?

For entrepreneurs, investors, and business owners, divorce poses a specific threat—the threat of losing their life's work. Concerns about disrupting the running of the company, losing control, or having to pay out huge sums of money are justified. At ARROWS, we specialize in this area and help clients every day to find solutions that will protect their businesses.

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Is my company part of the joint marital property? A key question for every entrepreneur

The answer to this question depends on two factors: when and from what funds the business share in the company (or the business itself) was acquired.

  • Company established BEFORE marriage or from EXCLUSIVE funds: If you established the company before marriage or used exclusively your personal funds (e.g., from inheritance or a gift) to establish it or acquire a share during marriage, then the business share itself is not part of the joint marital property. But be careful! The joint property includes the profit from this share (dividends, profit shares) that was generated during the marriage.
  • Company founded DURING marriage from JOINT funds: If you acquired a share in a company during your marriage and used joint funds, even partially, to do so, then the property value of this share is part of the joint marital property.

Our experts at ARROWS will conduct a detailed legal and financial analysis of your situation and determine exactly what part of your business is subject to settlement, providing you with certainty for further strategic steps.

(Luděk Plachký, family law specialist, ARROWS law firm)

Will my ex-husband become a partner? A myth that need not scare you

One of the biggest fears of entrepreneurs is that their former partner will become a partner in the company and interfere with its management. However, this fear is unfounded in most cases. Legal practice and case law clearly distinguish between the property value of a share and the rights of a partner.

Even if the value of the share is part of the joint property of the spouses, the other spouse does not automatically become a partner and does not acquire the rights associated with participation in the company (e.g., voting rights at general meetings). In the event of a dispute, the court will almost always award the business share to the spouse who is an active partner and order them to pay the other spouse financial compensation corresponding to half the value of the share.

How is the value of a company determined? The role of an expert opinion

Determining the value of a company or business share is a key and often the most contentious point of settlement. This value is not determined by the amount of the contribution, but by the actual market (usual) price at the time of the dissolution of the marriage. An expert opinion is necessary to determine this value.

In practice, it often happens that each party submits its own appraisal with a diametrically different final amount. ARROWS lawyers have extensive experience with these disputes and are prepared to argue effectively, challenge unrealistic appraisals by the opposing party, and, if necessary, propose that a review appraisal be prepared by an independent expert appointed by the court.

Risks for entrepreneurs and business owners in divorce

The following table summarizes the specific risks faced by entrepreneurs and shows how ARROWS can help them.

Risk to Address Potential Issues and Penalties How ARROWS Helps
Undervaluation of the company by the other party Loss of millions when paying out a share. You risk losing a fair portion of the value you helped build. We arrange for an independent expert valuation and actively challenge unrealistic assessments presented by the other party.
Disruption of company operations Disputes and uncertainty can paralyze decision-making, deter investors, and harm employee relations. We represent you with maximum discretion and efficiency to minimize the impact of the divorce on your business.
Claim to profits from a solely owned company Even if the company is not part of joint marital property, the other spouse may be entitled to half of the profits generated during the marriage. We prepare a detailed analysis of profits and investments to ensure a fair and accurate settlement.
Invalid transfer of company share without consent Any attempt to transfer a share without required spousal consent may be declared invalid. We perform a legal review of all contracts and transactions to ensure compliance with the law and protection of your interests.
Lengthy court disputes over the company Unresolved disputes can drag on for years, cost hundreds of thousands in legal fees, and permanently damage the company’s value. Our priority is to reach an efficient out-of-court settlement. If that is not possible, we will defend you assertively in court.

When your case crosses borders: The international dimension of family law

In today's interconnected world, family disputes with an international element are nothing unusual. Whether it's a marriage to a foreign national, property abroad, or even a sensitive issue such as international child abduction, these cases require specific knowledge and global reach.

Foreign property and international child abduction: We are with you around the world

Resolving disputes that extend beyond the borders of the Czech Republic is extremely demanding, both logistically and legally. It is necessary to be familiar not only with Czech law, but also with the relevant international conventions and often the legal system of the country concerned. Coordinating with local authorities and lawyers can be a source of enormous stress and uncertainty for individuals.

At ARROWS, we handle cases with an international element on a daily basis. Thanks to our ten-year-old ARROWS International network, which covers more than 70 countries around the world, we are able to provide you with top-quality legal services almost anywhere. Whether you need to settle a property in Spain, resolve bank accounts in Switzerland, or enforce alimony payments from Germany, our specialists, in cooperation with proven foreign partners, will ensure that the entire process runs smoothly and efficiently.

Can these problems be prevented? The power and certainty of a prenuptial agreement

Many conflicts and complications associated with divorce can be eliminated by taking a proactive approach. The strongest tool for protecting assets and preventing future disputes is a prenuptial agreement. At ARROWS, we see its conclusion as an expression of responsibility and strategic planning, not a sign of mistrust.

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A prenuptial agreement is not about mistrust, but about responsibility

A marriage contract (often inaccurately referred to as a prenuptial agreement, as it can be concluded at any time during the marriage) is a document by which spouses can arrange their property regime differently from the statutory provisions. This is particularly important for entrepreneurs, people with assets from previous relationships, or simply anyone who wants clarity in their finances.

The agreement allows you to choose one of several regimes:

  • Separate property regime: No joint property is created. Each spouse acquires assets and debts exclusively for themselves. This is the highest form of protection, especially against the debts of the other spouse.
  • Restriction of joint property: Specific assets are excluded from joint property, such as a share in a company, real estate, or future income from business.
  • Extension of joint property: On the other hand, property that would otherwise be exclusive (e.g., a house owned by one of the spouses before marriage) is included in joint property.

To be valid, a marriage contract must always be in the form of a notarial deed.

At ARROWS, we will prepare a draft contract tailored to your specific situation, explain all its implications, and handle the entire process in cooperation with a notary. A timely and properly drafted contract is the best investment in your peace of mind and legal certainty.

Comprehensive legal support from ARROWS: How can we help you?

Whether you are at the beginning of a new stage in your life and want to protect your assets as a precaution, or you are in the middle of complicated divorce proceedings, ARROWS will provide you with comprehensive legal support. Our services are based on in-depth expertise, strategic thinking, and an understanding of your individual situation.

Who can you turn to?

From the first consultation to protecting your future

Our experts are ready to guide you through the entire process, no matter how complex it may be. Our support includes a wide range of services that are always tailored to your specific needs.

We will provide you with:

  • Preparation or review of contracts such as marriage contracts, joint property agreements, or child custody agreements. Our documents are clear, practical, and legally watertight.
  • Representation in court and before administrative authorities in sensitive disputes over children, property, or alimony. We will be your strong support and a strong voice.
  • Detailed legal opinions that provide you with a clear and understandable basis for your strategic decisions.
  • Preparation of all documentation that will protect you from risks, sanctions, and unnecessary disputes.
  • If necessary, we can also provide specialized training for company management on asset protection in the context of family law.

Contact us. Regain peace of mind and certainty.

Family law is an area where emotions, finances, and your family's future intersect. You don't have to go through this alone. The first step to resolving your situation and regaining control is to turn to experts who will give you certainty and show you the way forward. At ARROWS, we are ready to listen to you and fight for your rights.

Contact us today at office@arws.cz or call 245 007 740 to arrange an initial consultation. Together, we will find a solution that will protect you, your family, and your future.

Don't want to deal with this problem on your own? More than 2,000 clients trust ARROWS Law Firm, and we have been awarded the title of Law Firm of the Year 2024. Take a look at our references HERE, and we will be honored to help you solve your problem. The inquiry is free of charge.

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