Marriage is not only a legal union, but also a commitment based on mutual respect and support. It also entails certain rights and obligations, some of which are of a more moral nature and some of which are legally enforceable. What obligations do Czech laws imply in marriage? And what happens if one of the spouses does not fulfil them?
The legal regulation of matrimonial obligations in the Czech Republic is mainly enshrined in the Civil Code ( § 687 et seq.), which lays down the basic rules for the mutual cohabitation of spouses. These obligations emphasise the equality, cooperation and responsibility of the spouses towards each other and towards the family. Specifically, in relation to the rights and obligations of spouses, the law speaks of:
One of the key duties is mutual support and assistance. Spouses are to provide each other not only with material support, but also with emotional and practical support, for example in caring for the household, children or during illness. Both partners have the right to be informed about income, assets and other matters that may affect their life together, such as work or study plans. Another obligation is to decide together on important issues concerning the family.
Legal obligations also include the care of minor children. The spouses jointly provide for their material security and upbringing, and the law emphasises the equal involvement of both parents. A specific obligation is the management of the community property, which includes assets acquired during the marriage. The spouses are obliged to manage these assets in accordance with the interests of the family.
Does your partner not contribute to the household?
We will amicably and vigorously advocate in the courtroom to secure the highest child support (or modification) so that you and your children do not go broke. Likewise, we will help you in situations where you cannot meet the exorbitant child support demands.
Under the law, spouses have a duty to meet the needs of the family together. What does this mean in practice?
It’s not just about finances – although the household allowance is key. The law sees the family as a unit, with everyone contributing according to their ability and capacity. Someone may earn more, someone may look after the children more, or perhaps run the household. The aim is to balance and care for the family so that the standard of living of all family members is fundamentally comparable.
However, if the marriage reaches an impasse and one spouse leaves the household, he or she is still obliged by law to contribute and contribute financially. In particular, unless he or she has a “special reason” for doing so.
There are lots of decisions to be made in family life – from moving house to choosing a school for the children to holidays. The Civil Code keeps this in mind and provides that spouses are to decide together on family matters. They should therefore talk to each other, listen to each other and find solutions that suit everyone.
In practice, this means that major decisions – such as financial investments or a change of residence – should be the result of an agreement between the two of them. The law provides that each person has the right to express his or her opinion and participate in decision-making, without the other having a ‘final say’ over the family.
And what if agreement is not possible? The law offers support in the form of mediation or, where appropriate, judicial resolution, where the court can substitute the will of the other spouse on substantive matters at the request of one of the spouses.
Tip: We recently came across an interesting but not unusual case in our law practice. We were contacted by a lady named Ivana who said that her husband earns hundreds of thousands of dollars, but she is struggling with poverty and is financing their household and child care on her own. In our article, we provide a detailed description of her situation and guidance on how to address it.
In every family, there are many things that need to be taken care of – from daily errands to long-term plans. Under Czech law, spouses are expected to handle family matters together. However, this does not mean that they have to consult each other every step of the way. There are common situations where only one spouse can act and still bind both.
Practical example:A wife buys new household equipment, for example a vacuum cleaner. Although she has not discussed it with her husband beforehand, this decision binds both of them – the purchase will be paid for out of the family finances and the vacuum cleaner belongs to both of them.
The law presumes that either spouse can take care of ordinary things that serve the family’s daily needs. Examples of items that fall into this category include:
These routine items cannot be challenged even if the other spouse would not agree to them.
For matters that go beyond normal family needs, such as the sale of property, large loans or investments, the consent of both spouses is required. If one spouse acts without the other’s knowledge, the other spouse can ask the court for protection.
Practical example:The wife decides to take out a loan to renovate the house without her husband’s knowledge. The husband finds out and disagrees. He can tell the bank that he does not agree to the loan, or he can go to court to invalidate the loan if he can prove that he did not consent.
If the spouses do not live in the same household, the situation changes. The law states that in such cases the actions of one spouse no longer bind the other. In practice, this means that each is in principle responsible for his or her own legal actions.
If one spouse suddenly has to go to the hospital or has a long-term workload. It is possible for one to represent the other in routine matters that concern the family. The law thus facilitates the daily functioning of the family and is based on the assumption that there is trust between the spouses.
Importantly, however, there are limits to this power. In the case of a major decision, such as the sale of a property, the other spouse would need consent.
Marriage also means mutual support, not only emotional but also financial. Under the law, spouses are obliged to provide maintenance to each other if the situation of one of them requires it.
In practice, this means that if one spouse cannot work for health reasons or has a significantly lower income (for example, due to childcare), the other spouse is obliged to contribute to his or her needs. The aim is for both spouses to have a comparable standard of living – because marriage is a partnership where neither should have to pull the “short end”.
And what if one refuses to contribute? The other spouse can seek alimony through the courts.
Tip: Learn how to calculate alimony in 2024.
The term “marital duties” is sometimes associated in hyperbole with the intimate life of spouses. In some countries, the refusal of intimacy can still be recognised as a violation of marital duties. In the Czech Republic, however, such an interpretation is considered outdated and in many respects problematic. The issue of intimate life is primarily a matter of mutual consent and respect between the partners.
Marriage is not only a legal relationship but also a commitment to mutual support and respect. The Czech Civil Code imposes obligations on spouses such as meeting the needs of the family, joint decision-making and management of property, care of children and mutual maintenance. These obligations promote equality and cooperation between the partners, emphasising the importance of communication and compromise. If agreement between the partners is not possible, some problems can be resolved through mediation or the courts.
We can ensure a fair increase or adjustment in your alimony/child support payments, taking into account the financial situation of each party. Our experience will ensure your proposal has the highest chance of success in court. You may pay after services are provided.
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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