Marriage of foreigners in the Czech Republic: legal obligations and practical steps for a successful marriage”

JUDr. Ondřej Preuss, Ph.D.
25. November 2024
7 minutes of reading
7 minutes of reading
Family Law

Getting married in a foreign country can be challenging for foreigners, but certainly not impossible. The Czech Republic offers foreigners the opportunity to enter into a marriage union under clearly defined conditions. What documents and translations will you need, how does the process at the registry office work and what does it entail to have a subsequent marriage recognised abroad?

svatba cizinců v čr

What you need to get before the wedding at the registry office: overview of mandatory documents and translations

If two foreigners decide to get married in the Czech Republic, they will need a number of documents. The most basic is the Marriage Questionnaire, which the couple will receive at the registry office. In addition to this questionnaire, the foreigner must submit several other documents. Among the most important are a birth certificate, proof of citizenship, proof of legal capacity to marry (no older than six months), a certificate of personal status and residence and, in some cases, a certificate of legal residence from the foreign police.

In addition to collecting these documents, it is necessary to have them certified and translated. If the alien’s home country is a signatory to the Hague Apostille Convention, it is sufficient to apostille the documents. However, for States outside this Convention, a more complex process of super-legalization is required. Subsequently, all documents must be translated into Czech by a court translator who adds an interpreter’s endorsement.

The biggest challenge tends to be time and financial costs. It is advisable to start preparations well in advance, as some documents have limited validity and the process of verification can take several weeks. However, proper preparation will ensure a smooth wedding.

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The process of marriage: Practical steps at the registry office

The first step to marrying foreigners in the Czech Republic is to contact the registry office in the place where the wedding is to take place. The newlyweds must make an appointment with the registrar, where they will submit the required documents and fill in the Marriage Questionnaire. This form is a basic document that contains the personal details of both fiancés and information about the planned marriage.

If both fiancés are citizens of countries outside the European Union, they may face additional requirements. In addition to the basic documents, they must provide a certificate of legal residence in the Czech Republic issued by the Foreigners Police. This certificate cannot be older than seven working days on the wedding date and is sent directly to the registry office by the foreigners’ police.

It is important to check the deadlines for the issue of all documents in good time and to plan the wedding date with sufficient reserve. Before the ceremony itself, an administrative fee must be paid, the amount of which depends on the nationality of the fiancés and the specifics of the wedding. A wedding with a foreigner in the Czech Republic involves not only administrative duties but also certain financial costs. Marriage fees vary according to the permanent residence of the fiancés. If neither of them is a permanent resident of the Czech Republic, the fee is CZK 5,000. If only one of the fiancés has permanent residence, the fee is CZK 3,000. Additional amounts may be associated with the issuance of special documents, such as a certificate of legal capacity or permission to marry in another place or outside normal hours.

The ceremony itself at the registry office is standard, but if foreigners do not understand Czech, it is necessary to arrange for an interpreter to provide translation during the wedding ceremony. The bride and groom arrange the interpreter at their own expense. Thorough preparation and communication with the authorities will avoid unnecessary complications.

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Last name after marriage: What are the options for foreigners?

Choosing a surname after marriage is an important step that affects the official documents and the legal status of the fiancés in the Czech Republic and in their home countries. The Czech legal system offers several options for a foreigner to change his or her surname after marriage. The fiancés can choose to keep their original surname, take their partner’s surname or choose a common surname in combination of both.

If a foreigner adopts the surname of his or her Czech partner, he or she must subsequently report this change in his or her home country.

Children born after marriage: Citizenship, health insurance and other obligations

Children born to spouses married in the Czech Republic may have different legal status depending on the nationality of the parents. The nationality of the child is usually based on the nationality of the parents or the place of birth. The Czech legal system applies the principle of blood (ius sanguinis), which means that the child acquires citizenship from his or her parents. If at least one of the parents is a Czech citizen, the child automatically acquires Czech citizenship. If both parents are foreigners, it is necessary to find out whether the child acquires citizenship from one of the parents or whether registration with the embassy of the home country is required.

As regards health insurance, a child born in the Czech Republic is automatically covered by the public health insurance system if the parents meet certain conditions. However, if neither parent is covered by public health insurance in the Czech Republic, commercial health insurance must be arranged within 60 days of the child’s birth.

The parents must also register the child with the relevant authority and arrange for the issue of a birth certificate. This document is crucial for other processes such as registering with a health insurance company, arranging a passport and other documents.

Recognition of the marriage in the home country: What to look out for?

Getting married in the Czech Republic is only the first step. For foreigners, it is often crucial that the marriage is also recognised in their home country. The rules and procedures for recognition vary from country to country, so it is essential to check with the relevant embassy or embassy in good time.

In EU countries, the process is relatively simple, as marriages contracted in the Member States are usually recognised automatically. You just need to provide a marriage certificate issued by the Czech registry office, with an apostille and a court translation into the language of your home country. However, some countries require additional certificates or specific documents.

For non-EU countries, the process can be more complicated. If the foreigner’s home country is not a signatory to the Hague Convention, the marriage certificate will need to be super-legalized, which involves verification by several authorities, including the Czech Ministry of Foreign Affairs. This process is more demanding and costly.

If the recognition of the marriage in the home country proves complicated, foreigners may consider the option of getting married under the law of their home country at the embassy in the Czech Republic. Each step should be well planned to avoid unnecessary complications with the legal status of the marriage abroad.

Summary

Marriage of foreigners in the Czech Republic is a process that requires thorough preparation and fulfillment of specific requirements. The fiancés must provide a number of documents, including those that need to be verified and translated by a court translator, and in some cases secure a certificate from the foreign police. Children born of such a marriage have legal status and health insurance derived from their parents, and it is important to fulfil the obligations associated with the registration of the child. Recognition of the marriage in the foreigners’ home country also remains a key issue, which may require additional administrative steps such as apostille or super-legalization of documents.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

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.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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