(Registered) partnership or marriage?

As of January 1, 2025, it will no longer be possible to enter into a new registered partnership in the Czech Republic. Same-sex couples may enter into a partnership under the Civil Code. This is entered into in the same manner as marriage, and the rules for spouses apply mutatis mutandis to partners, unless the law provides for an exception. However, the Czech Civil Code continues to define marriage as a union between a man and a woman. Nevertheless, following the European Court of Justice ruling C-713/23, a state cannot refuse to recognize foreign same-sex marriages contracted in another EU country simply because it does not permit marriage for all.

History of Registered Partnerships and the Transition to Partnerships

Registered partnerships have been available in the Czech Republic since July 1, 2006. This was the first independent legal institution that provided same-sex couples with at least a basic legal framework for their relationship. Registered partners thereby gained recognized status, but their rights remained significantly limited compared to those of married couples for a long time.

One important milestone was a 2016 ruling by the Constitutional Court, which struck down a provision preventing a person in a registered partnership from adopting a child. At that time, the Constitutional Court addressed a situation in which the mere existence of a registered partnership was an obstacle to individual adoption.

Another major change took effect on January 1, 2025. The Czech legal system introduced “partnership” under the Civil Code and, at the same time, ended the possibility of entering into the original registered partnership. The Ministry of the Interior explicitly states that as of January 1, 2025, it is no longer possible to enter into a registered partnership in the Czech Republic; same-sex couples may enter into a partnership under the Civil Code.

However, registered partnerships entered into by December 31, 2024, have not been terminated. They remain in effect and are governed by the existing regime. Partners have the option to remain in that partnership or to actively enter into a new partnership under the Civil Code. This is not an automatic conversion. If registered partners enter into a new partnership, the original registered partnership is thereby terminated. In practice, this means that there are currently two groups of couples: those who have remained in their previous registered partnership and those who have entered into a new partnership under the Civil Code. The scope of their rights may differ, so it makes sense to check which legal regime the couple actually falls under.

What Does “Partnership” Mean Under Czech Law?

The Civil Code currently distinguishes between marriage and partnership. According to Section 655(1) of the Civil Code, marriage is a permanent union between a man and a woman. According to Section 655(2), a partnership is a permanent union between two people of the same sex, which is entered into in the same manner as marriage. Unless otherwise provided by law or other legal regulation, the provisions concerning marriage, spouses, widows, and widowers apply mutatis mutandis to partnerships and the rights and obligations of partners.

This legal framework is very important. It means that the legislature did not introduce marriage for all, but rather created an institution intended to be very similar to marriage. Many legal consequences therefore apply in the same way or very similarly as they do for spouses. The Notarial Chamber of the Czech Republic summarizes that the new legislation has practical implications primarily in family, property, and inheritance law. It also states that civil partnerships are enshrined in Section 655 of the Civil Code and that the provisions concerning marriage and spouses generally apply to partners by analogy, unless the law provides for an exception.

The exceptions relate primarily to parenthood and adoption. For example, Act No. 123/2024 explicitly added a provision stating that a partner may also become an adoptive parent if the other partner is the child’s parent. At the same time, however, it stipulates that certain provisions regarding the determination of the mother’s spouse’s parenthood do not apply to partnerships.

In practice, therefore, the following applies: civil partnerships have provided same-sex couples with much stronger legal protection than the previous registered partnerships, but they still do not fully align with marriage in all respects. In practice, it often turns out that the greatest uncertainty lies not in whether a couple has “some kind of union,” but in exactly what kind. Different rules may apply to old registered partnerships, different ones to new partnerships under the Civil Code, and further questions arise regarding marriages concluded abroad.

How a Partnership Is Formed

Two people of the same sex may enter into a partnership if they meet the legal requirements. A partnership is entered into in a manner similar to marriage, that is, by a personal declaration during a ceremony. The public administration portal states that a marriage or civil partnership may be entered into before a municipal or local authority, a religious authority, a member of the Chamber of Deputies, or a senator; the ceremony cannot be conducted by mail, and personal presence is required, except in special situations where representation may be permitted.

A civil partnership is recorded in the marriage register, and the certificate of its conclusion is a civil partnership certificate. A partnership is recorded in the marriage registry, and the official document is a new type of marriage certificate designed for partnerships. From a practical standpoint, the conclusion of a partnership has thus become more similar to marriage. Partners are no longer limited to the original, restricted model of registered partnership.

If two people have previously entered into a registered partnership, they may enter into a new partnership under the Civil Code. However, this change is not mandatory, and when converting from a registered partnership to a civil partnership, the entire process of entering into a civil partnership must be completed, just as with a completely new civil partnership. Upon entering into a civil partnership, the previous registered partnership is terminated.

Example: Two women entered into a registered partnership in 2018. After 2025, they decide they want the broader legal framework provided by the Civil Code. It is not enough to simply file a notice stating that they want to “convert” their old partnership. They must enter into a new partnership. This will terminate their original registered partnership.

What Rights Did the Partnership Bring?

The biggest change is that, under the Civil Code, a civil partnership is governed in many respects by the rules applicable to marriage. This is particularly significant in matters of property law, inheritance, family housing, health and social situations, and also in the event of a partner’s death. According to the Notarial Chamber of the Czech Republic, entering into a partnership createsa community of property between the partners, just as it does for spouses, unless the partners agree otherwise regarding their property relations. They may therefore opt for the statutory community property regime, or they may narrow or expand its scope, agree to a separate property regime, or enter into a premarital agreement in the form of a notarial deed.

Equally important is the area of inheritance. Under inheritance law, the provisions applicable to spouses apply to partners, and a partner has the same inheritance status as a spouse.

As of 2025, changes have also been made to survivor’s pensions. As of January 1, 2025, the group of people eligible for a widow’s or widower’s pension has been expanded to include partners and registered partners, and the same eligibility conditions apply to these individuals as to widows and widowers. Everyday practice is also important: healthcare facilities, government agencies, banks, insurance companies, and social welfare institutions should recognize partnerships as a family status with stronger legal protection than the former registered partnership.

Example: One partner dies without a will. Under the older system of registered partnerships, it would have been necessary to carefully examine which class of heirs the surviving partner belonged to and whether there were any children or other relatives. Under the Civil Code, a partnership is now treated similarly to a marriage, which provides the surviving partner with significantly greater legal certainty.

Nevertheless, it is advisable not to view the new legislation as a substitute for legal planning. When it comes to assets, businesses, mortgages, children from previous relationships, or any international elements, we still recommend addressing these matters through contracts, a will, a prenuptial agreement, or at least a basic legal review of the situation.

Foreign Marriages and the Landmark Ruling of the Court of Justice of the European Union

Czech law does not yet permit same-sex couples to marry in the Czech Republic. However, many European countries allow marriage for all. In November 2025, the Czech judiciary noted that 38 countries worldwide, 22 in Europe, and 16 within the EU allow same-sex marriage; the Czech Republic is not yet among them.

Under current Czech practice, same-sex marriages contracted abroad were typically not registered as marriages in the Czech Republic, but rather as civil partnerships. It was precisely this area that was fundamentally affected by the judgment of the Court of Justice of the European Union dated November 25, 2025 , in Case C-713/23, Jakub Cupriak-Trojan and Mateusz Trojan v. Wojewoda Mazowiecki.

The case involved two Polish citizens who had married in Germany and wished to have their marriage recorded in the Polish civil registry. The Polish authorities refused to register the marriage, arguing that Polish law does not permit same-sex marriage. However, the Court of Justice of the European Union ruled that refusing to recognize the same-sex marriage of two EU citizens—which was legally contracted in another Member State in exercise of the right to free movement and residence—is contrary to EU law.

The Court of Justice emphasized two points. First, a Member State is not required to introduce same-sex marriage into its national law. Second, if a marriage is legally contracted in another EU Member State and the couple has exercised their right to free movement, the state of origin may not prevent or unduly hinder the recognition of such a marital status.

The Czech judiciary noted that the ruling will also have an impact on Czech practice. Czech civil registry offices should now register same-sex marriages concluded, for example, in Germany as marriages upon the couple’s return to the Czech Republic, rather than merely as civil partnerships.

However, it is important to be precise. The ruling does not mean that the Czech Republic must immediately allow marriage for everyone on its territory. It does mean, however, that in cross-border situations within the EU, the state cannot ignore a marital status legally acquired in another member state simply because domestic law does not itself permit such a marriage. The ruling therefore does not impose an obligation on Czech law to introduce marriage for all, but it does introduce a new legal dimension in the area of cross-border recognition of marriages.

Example: Two Czech citizens, or a Czech citizen and a citizen of another EU member state, get married in Germany. Upon returning to the Czech Republic, they apply to have their marital status registered. Following the CJEU ruling, there is a very strong argument that Czech authorities cannot automatically “downgrade” their union to a civil partnership if doing so would prevent or unduly impede the exercise of rights under EU law.

In practice, it is expected that this very issue will be the subject of administrative and, where applicable, judicial proceedings in the coming years. We recommend that couples planning to marry abroad and subsequently have their marriage recognized in the Czech Republic address in advance the issue of documents, apostilles, multilingual forms, translations, and the procedure before the special registry office.

What Differences Remain Between Civil Partnerships and Marriage

Since 2025, civil partnerships have become significantly more similar to marriage. Nevertheless, the differences have not disappeared.

The first difference lies in the name and basic definition. The Civil Code continues to state that marriage is a union between a man and a woman, while a civil partnership is a union between two people of the same sex.

The second difference concerns parenthood. Act No. 123/2024 explicitly stipulates that the provisions of Sections 776 and 777 of the Civil Code do not apply to determining parenthood for people in a civil partnership. In other words, the rule under which the mother’s husband is automatically considered the child’s father does not apply to civil partnerships.

The third difference concerns adoption. The law now explicitly allows a partner to become an adoptive parent if the other partner is the child’s parent. This is of practical importance, for example, in families where two partners are effectively raising the child. However, the law still does not place joint adoption by partners on a completely equal footing with that of spouses.

The fourth difference is both practical and symbolic. Many foreign legal systems and international contexts operate under the category of “marriage.” If a Czech couple is only in a civil partnership, this may raise questions abroad as to whether and how the union will be recognized. Conversely, if a couple marries in another EU member state, the ruling of the Court of Justice of the European Union and the issue of cross-border recognition come into play.

In everyday life, therefore, a civil partnership can function similarly to marriage in many areas, particularly regarding property, inheritance, and social rights. However, differences still exist in matters of parenthood, symbolic status, and international recognition.

Summary

As of 2025, it will no longer be possible to enter into a new registered partnership in the Czech Republic. Same-sex couples may enter into a partnership under the Civil Code. Registered partnerships entered into by the end of 2024 will remain in effect, but partners may actively enter into a new partnership; doing so will terminate the original registered partnership.

Partnerships have become legally very similar to marriage. The rules governing marriage, spouses, widows, and widowers apply to them by analogy, unless the law provides otherwise. In practice, this means stronger protection in matters of property, inheritance, survivor’s pensions, and everyday family life.

However, Czech law has not yet introduced marriage for all. A major development is the European Court of Justice ruling C-713/23 from November 2025. According to the ruling, member states must recognize same-sex marriages legally entered into in another EU member state if the couple has exercised their right to free movement and residence. The ruling does not directly introduce marriage for all into Czech law, but it significantly shifts the debate on the recognition of foreign same-sex marriages.