Effective January 1, 2026, an amendment to the Civil Code [1] will come into force, bringing fundamental changes to family law, particularly regarding the legal regulation of divorce proceedings. These changes were adopted in an effort to accelerate and simplify the divorce process, ensuring it presents the least possible burden for children, whose interests are primary during the proceedings. If a marriage reaches the point of divorce, the ideal scenario is for the spouses to communicate constructively and agree on all essential matters. The amendment motivates married couples to reach a mutual agreement in several ways. [2] In this article, I will attempt to summarize the most important rules that will take effect next year.
Uncontested divorce
The term “uncontested divorce” [3], which will replace the current terminology for “non-adversarial divorce,” refers to the legally preferred form of divorce proceedings. This allows for the termination of a marriage that no longer fulfills its social function within a relatively short period and without incurring significant costs. The court will permit a divorce if the marriage is so irretrievably broken that it is no longer desirable to continue. The court must find that the marital coexistence is broken, but it does not need to address the question of which spouse is at fault or the specific reasons for this state. [4] If spouses choose the path of an uncontested divorce, they can, among other things, avoid being forced to testify before the court about the course of their marriage, including details regarding their intimate life.
Previously, an uncontested divorce required the absence of marital coexistence for at least six months, where coexistence refers not to sharing a single household, but to the continuation of the marital or family community. This condition is no longer found in the amended law [5]; therefore, it will not be necessary to wait or prove to the court when the parties ceased living as spouses before filing a divorce petition. However, the requirement remains that at least one year must have elapsed between the date of the marriage and the date the divorce proceedings are initiated.
If the spouses jointly care for a minor child or children, there must be a consensus between them regarding how care will be handled after the divorce. Furthermore, they must inform the court of how the assets forming part of their community property will be settled. In addition to the above, the court determines whether the spouses have discussed options for meeting their housing needs after the divorce, and whether and in what amount either spouse is claiming alimony.
Procedural aspects of uncontested divorce
Regarding the procedural side of the matter, spouses will no longer be required to be personally present during the divorce hearing; a decision can therefore be made based on submitted documents. Alternatively, the hearing may be held in a location other than a courtroom, such as the office of the presiding judge. In my opinion, many spouses will welcome a less formal environment or the choice regarding participation in the hearing, especially those for whom a standard court process would represent a significant psychological burden.
The filing of a divorce petition is subject to a court fee, the amount of which is determined by Act No. 549/1991 Coll., on Court Fees, currently amounting to CZK 2,000. This will remain the case for uncontested divorces; however, if the spouses fail to find common ground and the court must issue an authoritative decision regarding child custody or the settlement of community property, the court fee will increase to CZK 5,000. If the spouses eventually demonstrate a will to settle during the proceedings, they may receive a refund of part of the court fee in the amount of CZK 3,000. [6] Thus, an uncontested divorce will also become an economically more advantageous alternative for the parties.
Consolidation of proceedings
While under current legal regulations, the divorce and the regulation of minor child custody, support, and visitation were the subjects of two separate proceedings, from next year, the court will decide on these matters within a single proceeding. [7] Given that the child’s circumstances are closely related to the divorce, the consolidation of proceedings appears to be a suitable step that will allow the court to view the matter comprehensively. This will likely shorten the time from the initiation of proceedings to the final verdict, and the entire process will be less costly for the participants.
The role of the Child Social and Legal Protection Authority
If a minor child is involved in a broken marriage, established practice involves cooperation with the Child Social and Legal Protection Authority (OSPOD), which plays the role of the child’s guardian ad litem and monitors whether the child’s best interests are always pursued and whether their rights are being infringed. The Child Social and Legal Protection Authority provides a statement on the proposed arrangements for care, support, and visitation, and the court relies significantly on this statement in its decision-making. In contrast to the current situation, where a guardian ad litem is always appointed, one will now be appointed only where the specific situation justifies their participation.
Citations and footnotes
[1] Act No. 268/2025 Coll., amending Act No. 89/2012 Coll., the Civil Code, as amended, and other related acts
[2] Explanatory memorandum to Act No. 268/2025 Coll., amending Act No. 89/2012 Coll., the Civil Code, as amended, and other related acts
[3] The heading “Uncontested divorce” will be applied to Section 757 of Act No. 89/2012 Coll., the Civil Code
[4] Section 757(1) of Act No. 89/2012 Coll., the Civil Code, as effective from January 1, 2026
[5] Section 757(1)(a) of Act No. 89/2012 Coll., the Civil Code, as effective from January 1, 2026
[6] Item 4a of the “Schedule of Fees” Annex to Act No. 549/1991 Coll., on Court Fees, as effective from January 1, 2026
[7] Section 398a of Act No. 292/2013 Coll., on Special Court Proceedings, as effective from January 1, 2026
