Divorce need not be a battle. The new legal regulation in force from 2026 opens for spouses who are able to communicate with each other a path to divorce by agreement – faster, less costly, and with a greater chance of maintaining proper relations even after the end of the marriage.
Divorce proceedings in the Czech Republic used to be lengthy, administratively demanding, and often full of emotion. Even in cases where spouses agreed on all essential matters, they had to wait, repeatedly attend court, and go through a process which, through its duration and complexity, unnecessarily deepened conflicts. The amendment changes this state of affairs.
The Czech Republic is among countries with above-average divorce rates. According to data from the Czech Statistical Office, over 20,800 marriages ended in divorce in 2024 – 7% more than the year before – and the total divorce rate again rose to 40%. Moreover, divorces affected almost 19,300 minor children. The new regulation also reflects the recommendations of the expert Commission on European Family Law (CEFL), which in its Principles of European Family Law clearly gives preference to divorce by mutual agreement and warns that unnecessary formal obstacles to consensual divorce contribute to conflicts between spouses.
Agreed Divorce: Divorce by Agreement
The key innovation is the introduction of agreed divorce of marriage (smluvený rozvod manželství). This is a type of divorce intended for spouses who are able to agree not only on the divorce itself, but also on all other matters connected with it. In doing so, spouses effectively declare that they are capable of communicating with each other, maintaining proper relations, and deciding about their affairs themselves – the court then merely confirms that on which they have agreed. Divorcing spouses evidence their consensus through: a) a joint petition for divorce (or by the second spouse joining in consent to the petition), b) an agreement on care for minor children and their maintenance (if they have common children), c) an agreement on property settlement, future housing, and any maintenance obligation between the spouses. If the marriage has lasted at least one year and the spouses have agreement and have resolved the children’s and property matters amicably, the court dispenses with examining the causes of the breakdown and grants the divorce. No appeal lies against a decision on divorce which is consensual.
Divorce and Care of Children Now in One Proceeding
One of the most significant practical changes is the joining of divorce proceedings with proceedings on arrangements concerning minor children. Previously, these proceedings had to take place separately. The court first decided on children, only then on the divorce itself. The presence of the participants was almost the rule. The new legal regulation established in the Act on Special Court Proceedings (zákon o zvláštních řízeních soudních) provides that these proceedings are generally conducted together. The court may separate out a matter for independent hearing only if that is appropriate in the given case. For parents, this means less time spent in courtrooms and faster legal certainty for the whole family.
Possibility of Deciding Without Personal Attendance of Spouses
If the spouses’ joint petition clearly demonstrates their consensus regarding the divorce and the irreparable breakdown of the marriage, the court may now decide without hearing the spouses in person. This eliminates the need for attendance at court and expedites the entire process.
Lower Court Fee
The amendment to the Act also provides financial motivation for agreed divorce. The court fee for agreed divorce is 2,000 CZK, whereas for divorce without proven consensus it is 5,000 CZK.
Conflict Guardian Only in Cases of Conflict
The amendment also brings a change in the degree of intervention by the state – the child welfare authority (kolizní opatrovník) in court proceedings. Whereas previously a conflict guardian for the child was appointed automatically for all proceedings concerning care and maintenance (proceedings which had to precede divorce), this will now occur only when it is necessary to protect the interests of the minor in a conflict parental relationship or if there is a risk that the child’s interests are otherwise endangered. The Act proceeds from the assumption that parents are those who know the needs of their children best, and logically places confidence in them that they are capable of recognising and defending their best interests – even in a situation where their marriage and partnership is ending. The family as such does not cease to exist through divorce; its form and arrangement changes. Parents are obliged to inform their minor children of their right to use a guardian. Above all, however, parents are expected to acquaint children with the family situation in a manner appropriate to their age, their specific circumstances, and all with regard to knowledge of their needs. Responsibility is transferred entirely logically and correctly primarily to the parents.
Agreement as the Basis for a New Beginning
Divorce is not the end. It is a transition – and it depends on how this transition takes place. Parents (spouses or unmarried parents) who are able, even at such a difficult moment, to maintain respect and the ability to reach agreement give their children a very valuable legacy: parents who can talk to each other, a demonstration of peaceful resolution of disagreement, preservation of family stability. The new legal regulation of agreed divorce not only enables this approach but directly supports it. It rewards agreement with speed, lower costs, and reduced administrative burden. It gives spouses into their hands a tool for closing one chapter with dignity.
Petra Šatavová and Adéla Haak
This text was translated from Czech to English using an AI translator.