Arranged Divorce Amendment To Civil Code Proposed By Ministry

The Czech Ministry of Justice, in cooperation with MP Eva Decroix, presented a draft amendment to the Civil Code, which aims to simplify and speed up the so-called uncontested divorces.

The main change compared to the current regulation should be the introduction of an arranged or contracted divorce as an even faster form of uncontested divorce.

An agreed divorce would take form of a singe court proceeding, combining custody proceedings with actual divorce proceedings. The court would no longer appoint a procedural representative for minor children automatically, but only if reason arises. All of this, along with changes in fees and adjustments to other provisions, should make divorces more humane, more efficient and cheaper.

The amendment also includes a proposal to strike out the condition of ascertaining the causes of the breakdown of the marriage as well as the condition of six-month marital separation and compulsory personal court hearing of the spouses in case of an uncontested divorce.

It should be added that Czech courts even currently limit their determinating of the breakdown of a marriage and its causes, as well as the fulfillment of the time condition, to strictly formal examination. When interviewing spouses in the case of an uncontested divorce, a range of court practices can be encountered; however, court hearings often take no more than 15 minutes, and it is even not exceptional to obtain a decision on divorce with no personal hearing of the spouses at all, if, according to their written submissions, they are in agreement on everything.

The draft amendment is thus a welcome manifestation of the effort to adapt the legislation to social reality.

The amendment could enter into force in 2025.

It is worth noting that many non-Czech-nationals could benefit from these changes, as long term Czech residents, especially from the European Union, may in many cases be divorced by Czech courts according to Czech procedural, and in many cases material, laws.