Divorce, Czech Style

Broadly speaking, there are two types of divorce here: no-fault, which can take 3–5 months and at-fault which can involve a much longer court case. We contacted AK Mališ Nevrkla Legal, and their spokesperson Karollína Brosková shed some light on these terms.

If these conditions are not met, spouses should prepare for a lengthier case

“A legal separation of unhappy couple is just one ‘brick in the wall’; unfortunately, there are lots of related issues that need to be solved and that the couple is usually not aware of, e.g. custody over the children and visitation rights, child and spousal alimony and settlement of the joint marital estate,” said Ms. Brosková.

When a no-fault divorce is not possible, AK Mališ Nevrkla Legal advises their clients to make copies of all the necessary documents: marriage certificates, children’s birth certificates, purchase agreements on real estate, mortgage contracts and life insurance agreements.

“It is true that the court grants joint custody rather exceptionally. However, it is important to realize that the institution of joint custody does not have to meet the interests of the parents, but the child’s or children’s interests,” said Štěpánka Čechová, a spokesperson from the Ministry of Justice.

Questions concerning visitation and the involvement of the parents in the child’s or children’s life is determined by the parents. However, it must be approved by the court and this approval is one of the conditions of an uncontested divorce.

Daniel, a Brazilian living in the Czech Republic, spoke with us about his experience.

“She [his ex-wife] applied. I agreed. Straight away, I got a lawyer. She got a lawyer. Her lawyer sent my lawyer a letter. They scheduled a date [at the court]. We were there. They asked if we should proceed with the divorce and that was it,” he said.

He estimated the whole process took a couple of months. He believes this was the case because he relinquished his rights to their flat and car.

Daniel didn’t find the court treated him in a pleasant way and the post-divorce paperwork proved to be more of a hassle than the divorce itself.

“It was really messed up with all the papers. At first when they sent me the letter about the divorce they sent me the wrong letter,” he said. It was actually a letter of execution, which informed him a bailiff would be coming to seize his goods.

Further mistakes included the court sending Daniel notifications when they should have been sent to Daniel’s lawyer and the court appointing a a French speaking interpreter, even though Daniel’s first language is Portuguese.

The last administrative problem came when he had to announce his divorce. The court told him to go to the Civil Registry, locally known as matrika. However, because Daniel is not a Czech citizen, he had to inform the Ministry of Interior. A spokesperson from the Ministry iof Interior told us this can be done at any office of the Department of Asylum and Migration Policy. Interestingly, Daniel was told the Foreigners’ Police.

This experience raises an important issue for foreigners because divorce, in certain circumstances, could affect your residency.

If you’re a permanent resident, you have nothing to worry about. Your residency doesn’t change. However, if you are the former spouse of an EU citizen, who is not a Czech citizen, the divorce could affect your residency.

The Foreigners’ Residency Act says that the temporary residency card is not terminated “If prior to commencing divorce proceedings the marriage in question had lasted for at least three years and during this marriage a family member of the citizen of the European Union had been in possession of residence permit for a period shorter than one year.”  

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