How new Czech law is about to make divorce and child custody simpler

The Czech Senate has passed an amendment to the Civil Code that aims to simplify and speed up divorce and child custody procedures. The bill, approved Thursday, now heads to the president for final approval. The changes are expected to take effect next year.

The amendment allows couples with minor children who agree on divorce terms to complete the process in a single court hearing. Courts will no longer require proof of why the marriage ended or question the spouses directly, as long as both parties agree.

If one spouse objects to the divorce due to personal concerns or unusual circumstances, the court will still review the case. Judges will only try to reconcile the couple if both spouses are present and if it seems reasonable.

The law merges divorce and custody proceedings, so both issues are resolved together. Courts will continue to rule on custody and child support before granting a divorce, even when both parents agree.

It also removes the distinction between joint, alternating, and sole custody. The terms “resident” and “non-resident” parent will no longer apply. Both parents will remain equally responsible for the child after divorce. Courts can also rule on child support under joint custody, if both parents request it.

Children will no longer need a court-appointed guardian unless the court identifies a conflict of interest with the parents.

The amendment includes a new rule requiring parents to raise their children without physical punishment or emotional harm. This change responds to recommendations from the European Committee of Social Rights. However, the law introduces no new penalties.

The bill also formalizes the right to assign unpaid child support claims for the full amount owed, with payments required by bank transfer. Interest on late payments will increase.

Justice Minister Eva Decroix supported the change, calling it a way to ensure children’s needs are met. But some senators warned the system could be exploited by businesses.

Senators will reconvene in three weeks for their next session.