The Czech Republic is set to introduce significant changes to its divorce proceedings, aiming to streamline and expedite the process while offering more support for amicable divorces. The proposed amendments to the Civil Code, presented in the Chamber of Deputies by representatives of the Justice Ministry and MP Eva Decroix (ODS), have far-reaching implications for couples seeking separation.

Starting in January 2025, these changes will usher in a new era of divorce procedures in the Czech Republic, making the process more straightforward and accessible to those involved.

One of the major changes is the removal of the requirement for courts to determine the cause of the marriage breakdown. This step simplifies the divorce process, reducing the need to assign blame and facilitating a more cooperative approach.

Another key aspect of the proposed amendments is the merging of divorce and child custody proceedings. This will allow partners to address both issues during a single court visit, significantly streamlining the process for those in agreement about their separation terms.

Additionally, the changes intend to reform court fees to incentivize amicable solutions among partners. Lower court fees for uncontested divorces will encourage couples to seek mutual agreements, contributing to a smoother and more cost-effective experience.

Furthermore, the amendments are expected to address the enforcement of child maintenance payments by discouraging non-payment through higher interest rates on late payments. Child maintenance claims may also be referred for debt recovery, strengthening the legal measures in place to ensure financial support for children.

The prohibition of physical punishment of children, while not accompanied by penalties, highlights the unacceptability of corporal punishment in the Civil Code. This measure underscores the nation’s commitment to child welfare and provides further protection against harmful disciplinary practices.

According to Deputy Justice Minister Antonin Stanislav, these changes signify a significant shift in divorce procedures. By removing the obligation to establish the causes of marriage breakdown and merging divorce and child custody proceedings, the amendments aim to simplify and expedite the process.

MP Eva Decroix, who is a lawyer and mediator, emphasized that the existing system lacks incentives for amicable divorces. The amendments intend to enhance the speed, flexibility, and financial aspects of divorce proceedings, making the process more favorable for couples in agreement.

In the Czech Republic, divorces involving child custody proceedings took over four months on average, while those without such concerns were resolved in approximately 55 days, according to the Ministry of Justice. With the proposed changes, the hope is that divorce procedures will become more efficient, less contentious, and more focused on amicable resolutions. These changes reflect a growing recognition of the evolving dynamics of modern relationships and the need for divorce processes that address the best interests of all parties involved.

Article by Prague Forum