Accelerated Divorce Proceedings, with an Emphasis on the Interests of Minors

29.08.2025 15:31

A recently approved amendment to the Civil Code is intended to facilitate speedy and efficient divorces and to simplify childcare arrangements. The aim of these changes is to reduce not only the administrative burden, but also the emotional one. The amendment emphasizes accord between partners, with the intent of streamlining the entire process and offering better protection for children. Here is an overview of the most important changes that the amendment introduces, effective January 1, 2026.

Faster, More Amicable Divorces

If the spouses agree on all essential matters (property, custody of children), they can file a joint petition and the court will grant the divorce faster, without requiring a six-month separation or oral hearings, as long as everything is clear from the petition. In uncontested divorces, the court will not examine the reasons for the breakdown of the marriage.

The once-separate child custody proceedings will now be merged with divorce proceedings. This will also speed up the process.

The amendment also promotes less formal approach during the proceedings themselves. The judge will be able to hold hearings involving children in an office or other more welcoming space, so that the proceedings cause the least trauma possible to children and so that children can feel more comfortable expressing their opinions.

An End to Alternating, Joint, and Sole Custody

The distinction between alternating, sole, and joint custody of minors has been replaced by an approach that emphasizes the equal responsibility of the parents. Where necessary, the court will decide on the schedule to be followed by each parent, but the child will not be placed in just one parent’s custody. This emphasizes the need for the child to have regular and balanced contact with both parents.

The role of the Department for the Social and Legal Protection of Children (“OSPOD”) in the divorce process is also changing. OSPOD will now only be involved in contested divorces, and, even then, only if intervention is necessary to protect a child’s interests. This is a further step towards simplifying and streamlining divorce proceedings and strengthening the opportunity for parents to take responsibility for, and agree on, custody and child support.

Changes to Court Fees

For divorces by mutual agreement, the court fee remains CZK 2,000. In the case of contested divorces, it increases to CZK 5,000. The higher amount is intended to motivate spouses to reach an agreement and minimize disputes. If the divorce begins by being contested and the spouses subsequently reach an agreement during the proceedings, they will be reimbursed CZK 3,000.

Changes to Child Maintenance

The amendment introduces a new feature that will allow parents to assign child maintenance claims to a third party, such as a collection agency. The aim of this measure is to secure child support payments for parents and facilitate their enforcement. At the same time, the interest on late payments of child maintenance shall increase to motivate parents to meet their financial obligations.

This amendment to the Civil Code brings about a fundamental change in Czech family law. The effort to speed up and simplify the divorce process by eliminating formalities is positive. However, changes in custody arrangements and child maintenance payments have been met with mixed reactions from experts at a number of child protection organizations.

Are you facing divorce, child maintenance, or other family relationship issues? Write to us and our family law specialists will help you resolve the matter as quickly and efficiently as possible.