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 reason for dissolution no longer applies?
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 reason for dissolution no longer applies?
The phrase “until death do you part” is a traditional part of the wedding vows, symbolizing the fidelity and commitment of the couple to remain together for life. It expresses the intention to make the marriage a permanent union that ends only with the death of one spouse. In a legal context, this means that a marriage usually lasts until one of the spouses dies, which is one of the ways a marriage can be ended.
Death is therefore essentially the most natural reason for the dissolution of a marriage. In such a case, the marriage ends when one of the spouses dies, not when a death certificate or other official document is issued. This distinction may be important, for example, in inheritance proceedings or in the legal assessment of the validity of property deeds made shortly before death.
The death certificate issued by the registry office on the basis of a medical certificate plays the role of a means of proof, but the death of the spouse and the dissolution of the marriage already occur when the entire brain or circulatory system has irreversibly lost its function. In cases where the exact date of death is not obvious, for example in accidents or other emergency situations, the court may decide on the determination of the date of death .
A specific situation is the joint death of spouses, where both die at the same time and it is not possible to determine who died first. In these cases, it is legally presumed that both died at the same time, which has a particular impact on inheritance rights. The relatives of each spouse then inherit his or her property independently of the other.
The dissolution of a marriage by death also has other practical consequences. In addition to the legal dissolution of the union, it also means the termination of the spouses’ community property and other mutual rights and obligations. However, the relationship between the surviving spouse and the deceased’s family does not end there. If the spouses had children in common, the ties to them remain, whether in terms of custody, maintenance or inheritance.
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A marriage can be dissolved not only by death, but also by one of the spouses being declared dead. This process occurs in cases where the death of the spouse cannot be physically proven – for example, his or her body has not been found, but the circumstances suggest that he or she has died. Typical examples are plane crashes, natural disasters, or other situations where death is almost certain but direct evidence is lacking.
The declaration of death is based on a courtdecision , which also determines the date of death. This date is of crucial legal importance – the marriage ends on that date, not on the date the decision becomes final. This rule provides legal certainty, for example, in matters of inheritance, property relations or other legal consequences of the dissolution of the marriage.
If the person declared dead is later found to be alive, this has interesting legal consequences. In such a case, the declaratory decree is annulled, but the marriage is not restored. This fact protects the surviving spouse who may have remarried in the meantime. Similarly, the legal certainty of property and succession relations which could have been resolved by the declaration of death is protected.
A declaration of death is different from a declaration of disappearance. A disappearance has no effect on the legal continuity of the marriage, whereas a declaration of death terminates it immediately. In cases where a mistake is made, the situation can seem complicated, but the legal rules are set up to minimize the impact on everyone involved.
Tip: Although all spouses promise each other eternal love at the beginning, it may happen that their paths diverge and divorce is the topic of the day – this may be so-called uncontested or contested. Find out what divorce entails and how to proceed in our article.
A change in the sex of one of the spouses is another way in which a marriage can end. In the Czech Republic, if a spouse undergoes a sex change, their marriage is automatically dissolved. This process is enshrined in the Civil Code, which states that a marriage as a union of two persons of different sexes cannot be preserved if one of the partners changes his or her sex.
Previously, the condition for changing sex was undergoing a surgical procedure that rendered the reproductive function impossible. However, this requirement was abolished by a ruling of the Constitutional Court with effect from mid-2025. The Court ruled that the requirement for surgical intervention was contrary to the right to privacy and bodily integrity, which is enshrined in the Convention on Human Rights. The phrase “thechange of a person’s sex occurs by surgical intervention with the concomitant disabling of reproductive function and transformation of the sexual organs” will be removed from the Civil Code. With this decision, the Czech Republic has joined the trend in Europe where surgery is no longer a condition for official sex change.
From a legal point of view, the marriage is dissolved on the day the sex change is officially confirmed. At present, this is the date stated in the certificate of the medical establishment that performed the sex change. The dissolution of the marriage has implications for property relations and for the care of any children the spouses may have had. If the partners want to stay together, they can enter into a civil partnership.
The Constitutional Court’s decision has brought about a significant change not only for people who want to change their gender, but also for their legal and personal relationships. However, it also opens up new questions about the protection of the rights of everyone involved, particularly with regard to family ties and property arrangements after the dissolution of the marriage.
A marriage can be declared void if there were serious legal errors or obstacles at the time of its conclusion which render the union void from the outset. For example, the law provides that a marriage cannot be contracted if one of the partners was not competent, was already in another marriage, or was a close relative. If such a situation arises, the marriage can be retroactively declared null and void by a court decision.
In terms of legal status, such a marriage is viewed as if it had never existed. After the annulment, the spouses are again considered as single persons, which also affects their property relations. These are settled in a similar way to divorce in order to avoid any injustice.
An important exception is the case of joint children. They retain the same rights as children born in a valid marriage, including the right to maintenance or inheritance.
However, a declaration of nullity of the marriage can only be made by a court decision and after a thorough demonstration of reasons.
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? How do we distinguish between void and sham marriages? This is addressed in our separate article.
The dissolution of a marriage is usually an irreversible process. In exceptional cases, however, the reasons for the ending may cease to apply. An example of this is where one spouse has been declared dead but is later found to be alive. Although it might seem logical that the marriage would be restored, the law excludes such a possibility.
If the court reverses the declaration of death, the marriage is not automatically restored. This rule particularly protects the surviving spouse who may have entered into a new marriage in the meantime. Legal certainty is also crucial in property and inheritance relationships that have already been settled on the basis of the original decision.
A similar problem would hypothetically arise if the change of sex that led to the dissolution of the marriage were challenged. Here, too, the union remains dissolved and its renewal would require a new marriage.
A marriage can be dissolved not only by divorce, but also by the death of one of the spouses, a declaration of death, a change of sex or a declaration of nullity. Death or declaration of death legally ends the marriage immediately, and in case of a mistake (e.g. when the person declared dead turns up) the marriage is not renewed. A change of sex automatically ends the marriage, but the partners can enter into a civil partnership. A declaration of nullity occurs when there is a serious legal error in the conclusion of the union, such as bigamy or consanguinity, and means that the marriage is retrospectively considered non-existent. Each of these ways of dissolving a marriage has significant legal consequences, particularly for property and family relationships.
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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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