Are you planning a wedding and wondering what effect it has when you get engaged first? What are the legal effects of such a vow, what options for marriage are offered by Czech legislation and when exactly is marriage created?
Are you planning a wedding and wondering what effect it has when you get engaged first? What are the legal effects of such a vow, what options for marriage are offered by Czech legislation and when exactly is marriage created?
Engagement is seen as an important step on the road to marriage. According to tradition, a wedding should follow within a year of the engagement. Nevertheless, this act has no binding effect in the Czech legal system. It is a promise by two persons to marry each other, but the law does not make the marriage itself an obligation, nor does it offer any legal consequences if both or one of them changes their minds. Nor can any compensation or reparations be legally claimed for a broken engagement. Thus, if the fiancés break up, everything remains only on the level of personal relations and agreement.
The engagement is therefore more of a social or cultural affair, whereby the couple mutually confirm the seriousness of their relationship and future plans.
Are you about to enter into marriage?
We will prepare a prenuptial agreement tailored to your situation. We can prepare a similar agreement for you during the marriage and reduce the community of property. All this within 5 working days for a predetermined price.
Do you want to get married and are wondering what form of marriage to choose? Civil marriage is the most popular option in the Czech Republic – it’s simple and you can tailor it to your liking.
How does it work? You say your ‘I do’ in front of the mayor, deputy mayor or other authorised member of the council in the presence of a registrar and two witnesses. The ceremony is intended to be a solemn affair, usually taking place at the Town Hall or other ceremonial venue. At present you already have the option of saying your vows in, for example, a garden, woodland or any other place that seems special to you. Just count on the fact that this may come with a small fee.
Before the ceremony, you will need to go to the registry office to provide birth certificates, ID cards and, if necessary, proof of divorce or death of your former partner. Then you just need to fine-tune the details of the exact form of the ceremony.
Why choose a civil marriage? It’s not encumbered by any religious rules, so you have free rein as to the time, place and process.
Tip: Marriage is a legal act subject to strict rules. What legal obstacles can prevent its conclusion, which ones can be overcome and what to do if the marriage is concluded despite the obstacles? This is the focus of our article.
A church marriage takes place before a representative of a registered church or religious society. The Civil Code regulates it in a provision with the surprising number § 666. For believing couples, it is usually not only a formal but also a spiritual step and an opportunity to express their faith.
What is needed? Even when choosing this option, the registry office is not completely avoided. In order for a church marriage to be legally valid, a certificate must be issued here to confirm that you meet all the legal requirements. The validity of the certificate is six months, so be sure to get it in time. The ceremony itself then takes place in the presence of the clergyman, you, your witnesses, and usually your relatives who come to support you.
If you are planning a Catholic marriage, it is good to know that this ceremony is considered one of the sacraments. At least one of the betrothed should also be baptised (the other can then apply for what is known as a dispensation). Preparation for marriage is also a condition of a church marriage. This consists of several meetings during which issues of faith and marriage are discussed.
It is good to know that ecclesiastical divorce is forbidden in the Catholic Church. Only widows or widowers can be allowed to marry a second time. However, there is always the possibility of a civil divorce before a court. Other churches, such as the Evangelical or Hussite churches, are more open-minded on some issues, and so allow marriages even for the divorced and permit divorce (albeit as a last resort).
Marriage in the Czech Republic is created by the free and full consent of the betrothed to enter into marriage together. This declaration of will must be made publicly and solemnly, either before a public authority (in the case of a civil marriage) or before an authorised representative of a church or religious society (in the case of a religious marriage). The presence of a registrar or a certificate issued by the registry office is a necessary condition for the marriage to be legally valid.
The moment when the marriage is celebrated is precisely defined – it occurs at the moment when both spouses express their “I do” before the designated authority or representative. This act is often referred to as the “marriage vows”. Marriage is therefore not created by the signing of a protocol or the exchange of rings, but by this declaration of consent. All the other steps, such as signing the documents or the ceremonial part of the ceremony, are merely organisational or symbolic.
The creation of a marriage is linked to legal consequences such as joint property rights, inheritance rights and mutual obligations.
One of the most important legal effects is the creation of a community of property. This includes all assets and liabilities acquired during the marriage, except those acquired by gift, inheritance or through exclusive rights. The spouses therefore share responsibility for financial and property matters.
Another important legal effect is the mutual maintenance obligation. The spouses are obliged to support each other and to provide for the needs of themselves and their family. If the spouses are separated, this obligation is not extinguished and can be modified by the court.
Marriage also affects the question of parenthood. Children born during the marriage are automatically considered to be the common offspring of both spouses, which affects their rights and obligations, for example regarding custody or inheritance.
Legally, marriage also has an impact on inheritance rights. In the event of the death of one spouse, the other is automatically included among the heirs in the first succession group.
Tip: Not every marriage ends in divorce. Death, being declared dead, gender reassignment or annulment are other ways a marriage can end. How are these situations legally handled? And what happens if the grounds for dissolution no longer apply? This is the subject of our article.
If you want your wedding to go smoothly and without stress, you need to have all the important details sorted out in time. The first step is to decide whether you want a civil or a church ceremony – both options have their own specifics that are good to keep in mind.
A civil marriage starts with a visit to the registry office of the place where you want to say your “I do”. There you will present the necessary documents such as birth certificates, ID cards and, if applicable, proof of divorce or death of your former partner if you have already married. You will fill in a simple form and arrange a time and place. If you dream of getting married outside a traditional ceremony hall, perhaps in a meadow or castle, expect a smaller fee.
A church marriage also requires a certificate from the registry office confirming that you meet the legal requirements. You can discuss the details of the ceremony and other requirements directly with your clergyman.
Marriage in the Czech Republic is established by a free and solemn declaration of the betrothed before a public authority or a representative of the Church. This act is crucial for the legal validity of the marriage, which brings consequences such as the creation of community property, mutual maintenance obligations and inheritance rights. The civil marriage offers flexibility in the place and form of the ceremony, while the ecclesiastical option combines a legal and spiritual dimension. It is important to make all the necessary arrangements in time for a smooth wedding.
We will prepare a premarital agreement tailored to your situation. We can prepare a similar agreement for you during the marriage and reduce the community property. All within five working days and at a predetermined price.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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