How Czechia’s divorce reform will make the process simpler for international couples

Czech lawmakers approved a major Civil Code change in July that will significantly speed up divorces and child-custody cases.

Taking effect on Jan. 1, 2026, the reform streamlines hearings, unifies custody decisions into a single process, and gives couples more space for quicker, mutually agreed outcomes, reducing stress and making the entire divorce process far easier in Czechia.

Expats.cz spoke with specialist family lawyer Lucie Martin-Nešporová for a clear breakdown of what’s changing and where new challenges may arise, including for international families and people dealing with complicated cross-border separations.

Under the updated law, couples with minor children (under 18) who agree on all divorce terms will now be able to complete the entire process in a single court hearing. Courts will no longer require separate hearings for children and the divorce itself, a standard practice for years, Martin-Nešporová explains. 

Additionally, when both spouses agree to divorce, they will no longer have to explain to the court why the marriage ended or who was at fault. What’s more, mandatory interviews will no longer be required in uncontested cases. Courts can even decide without the spouses being physically present. 

This could significantly reduce emotional pressure and legal costs, which is especially helpful for expat couples who may be managing family issues from abroad.

The amendment also brings financial motivation to settle matters amicably. Couples who file for a divorce by mutual agreement will continue to pay the same court fee as before, CZK 2,000. Couples going through a contested divorce will pay a higher fee of CZK 5,000.

The new change combines divorce and child-custody proceedings into one unified process. According to Martin-Nešporová, it emphasizes equal status for both parents and removes the traditional legal categories of joint, alternating, and sole custody. 

The amendment uses a single concept of parental responsibility. This does not automatically mean a 50:50 custody arrangement, but each parent’s right and duty to have contact with the child and exercise parental rights must be protected.

As a result, unless a parent’s rights are suspended, limited, or removed, courts will no longer be able to award custody exclusively to one parent while merely granting “contact rights” to the other. Courts also will not be allowed to limit or prohibit contact with a parent without specific legal grounds. Authorities will continue to set child support based on the child’s needs and each parent’s finances. 

The new law significantly reduces the automatic involvement of the Czech Child Social and Legal Protection Authority (OSPOD).

Under current rules, a conflict guardian (usually an OSPOD officer) must always be appointed in custody cases, even when parents fully agree. The new law limits this so that a guardian will be appointed only when there is a real conflict of interest between the child and the parents.

“This change removes unnecessary bureaucracy and saves time. International families will particularly benefit, because they often face extra delays, translation requirements, and administrative steps when dealing with cross-border cases,” Martin-Nešporová says.

Provisional (temporary) measures are used to stabilize a family situation until a final court decision is made. Martin-Nešporová clarifies that a request for a provisional measure must explain the facts and evidence on which it is based. It must also state whether the other parties were told about the plan to file the request. If not, it must explain why they were not informed.

The court must decide on the request within three months at the latest. “This replaces the current rule that requires provisional measures to be issued within seven days,” Martin-Nešporová adds.

No appeal is allowed against the court’s initial decision on provisional measures. If the request is unacceptable, the court will reject it without asking the applicant to correct any issues.

It is strongly advised to work with a lawyer when preparing a request for a provisional measure. If the request is rejected as unfounded, it cannot be resubmitted for another three months.

A person who voluntarily fails to follow a court decision or a court-approved agreement on the care of a minor child may be ordered to allow the other parent to make up for missed care or contact. They may also be required to reimburse any costs incurred.

If requested, the court must issue such a decision within two months and without holding a court hearing. A person who voluntarily disobeys a court decision may also be fined repeatedly, with each fine starting at CZK 5,000.

At the core of the new divorce law is making the thorny, complicated, and stressful process of separation more manageable for parents while increasing the safety and well-being of children. 

Given the updated law’s complexity and breadth, the guidance of a specialist lawyer is paramount for parents to avoid any additional costs, delays, and stress.