Parliamentary Print No. 728, also known as the ‘major amendment to the Civil Code’, was successfully passed by the Chamber of Deputies on 28 May and is currently before the Senate. We can therefore expect it to be adopted, most likely with effect from 1 January 2026.
The bill aims to significantly modernise family law, both in the area of divorce proceedings and child custody. Faster and cheaper divorces by mutual consent, a ban on physical punishment and the abolition of alternating custody – the amendment follows the spirit of all these changes.
The current rather limiting regulation is intended to provide more flexibility. It is based on the idea that family life should not be conformed to prescribed rules; on the contrary, it is the legal regulation that should take into account the diversity of family relationships. According to the explanatory memorandum, the main objectives are to reduce the administrative burden, promote mutual agreement between spouses and ensure better care for children.
- Changes relating to divorce
The amendment mainly affects so-called ‘uncontested divorce’ which is the preferred solution for the dissolution of marriage. This is a case where both spouses agree to the divorce (as well as the property settlement, housing and child care) and the court more or less merely 'rubber stamps' their decision. However, the problem with the current legislation is that although a divorce by mutual consent before a court should be a simple formality taking no more than a few days or weeks, such proceedings currently take around five months. Although approximately 65% of divorces are consensual, it is precisely in these cases that excessive delays occur. The amendment aims to change this and thus encourage couples to opt for such consensual procedures.
One such incentive is what could be called a ‘discount’, i.e. differentiated court fee, whereby, unlike a contested divorce, which will cost you CZK 5,000, an uncontested divorce can be 'obtained' for a lower amount of CZK 2,000.
Furthermore, the requirement to prove that the spouses have not lived together for at least six months prior to filing the petition will be abolished. This step was often perceived as unnecessary formalism that only prolonged the entire process.
In the case of contested divorces, it will no longer be necessary to determine the so-called causes of the breakdown of the marriage, i.e. what led to the spouses to part ways.
In the case of uncontested divorces, the court will no longer have to determine whether the marriage has broken down and will not have to ask ‘why’ the couple is divorcing. Under the current system, both spouses must appear in person before the court and be heard regarding the reasons for the divorce. If the spouses agree on all essential issues – the division of property, housing and child care – the court may approve the divorce without either of them even having to be present.
Another significant obstacle until now has been the dual nature of the proceedings – i.e. the divorce proceedings themselves, but also the custody proceedings (if children were born of the marriage). However, the lawmakers decided to merge these two proceedings into one in cases where spouses with minor children agree in matters of childcare. This change will help protect the interests of children and get rid of unnecessary delays that dual proceedings have caused so far.
- Changes in child care
The bill removes the distinction between joint, alternating and single-parent custody. This division into three categories is not flexible enough and can make one parent feel like they've ‘lost’ . There would no longer be a distinction between the so-called resident parent, i.e. the parent who has custody of the child, and the non-resident parent, who only has access to the child; instead, the child would be in the care of both parents. Since, according to the Ministry of Justice, divorce has no effect on parental responsibility, it should not disrupt joint custody by both parents.
Another change affecting children is the possibility for the court to refrain from appointing a a guardian ad litem (usually a child welfare authority) in cases where there is no conflict of interest between the parents and the child.
The amendment will allow the assignment of maintenance claims. Late payment interest on maintenance arrears will also increase.
Despite the controversy that took place in the Chamber of Deputies on this issue, a ban on corporal punishment of children is to be enshrined in the Civil Code. However, parents will not face new penalties for corporal punishment.