Simplification of family law processes
Family law is facing fundamental changes. The amendment to the Civil Code, which is currently in the third reading stage in the Chamber of Deputies, focuses on amendments concerning divorce and child custody. The aim is to speed up divorce proceedings and to try to minimise conflicts so that the impact on children’s lives is as small as possible. One of the key changes is the elimination of the concept of alternate custody, with the amendment emphasising the equal responsibility of both parents for the upbringing of the children even after the divorce. However, the section prohibiting physical punishment of children was the most controversial during the debate and caused a lot of emotions. The amendment was originally planned to take effect on 1 January 2025, but this did not happen. Nevertheless, the law is not expected to undergo significant changes yet. So what is planned?
The amendment to family law will bring about major changes to simplify and speed up divorce proceedings. One of the key changes is the abolition of the mandatory questioning of spouses in court. Until now, in every divorce, both partners had to testify in person about the reasons for the breakdown of the marriage. This process was often perceived as unpleasant and unnecessary, especially if there was agreement between the spouses on all relevant issues. The amendment will allow the courts to decide on a divorce even without the spouses being present if they jointly file for divorce and agree on property settlement, child custody and other key issues.
Another major change is the abolition of the six-month separation condition. Under the current rules, spouses must prove that they have not lived together for at least six months before they can file for divorce. This formalism unnecessarily prolongs the process. The amendment will abolish this condition, which means that divorce can take place without unnecessary waiting once the spouses have decided to end their marriage.
Linking divorce and child arrangements
One of the main innovations introduced by the amendment to family law is the merger of divorce proceedings with proceedings for the adjustment of the relations of minor children. Until now, these proceedings were held separately, which often led to longer delays, a higher administrative burden and unnecessary stress for parents and children. The new regulation promises to speed up and simplify the whole process by unifying the two steps into one procedure.
Thus, in cases where spouses have minor children, the court will deal not only with the divorce itself, but also with issues relating to the children’s custody, residence and maintenance at the same time. This will allow for a comprehensive approach to the family’s situation and ensure that the decision is better suited to the needs of the children. The new procedure will avoid situations where one parent uses the issue of child custody as a means of prolonging or complicating the divorce process.
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Tip for article
Tip: Divorce proceedings are a process that takes place in court and results in the dissolution of a marriage. In the words of the law, a marriage can only be dissolved if it is deeply, permanently and irretrievably broken and cannot be expected to be restored. How does divorce work under current law? This is dealt with in our separate article.
End of designation of care as alternate or exclusive
A revolutionary change will affect access to childcare. It will abolish the current division of custody into alternate, sole and shared, which has often been a source of conflict between parents. Newly, both parents will be considered to be equally caring, regardless of how childcare time is divided. The court will notdecide on the formal designation of custody, but will focus on ensuring that the decision is in the best interests of the child.
This change is intended to eliminate the competition between parents for the “primary” role in a child’s life that has often led to escalating disputes. The equal treatment approach reinforces the principles of cooperation between parents and emphasises the responsibility of both for education and care. The child will thus have a better opportunity to build strong relationships with both parents, which is essential for his or her healthy development.
The new system also envisages that both parents will be equally responsible for the child’s practical needs, including equipment, food and other necessities. This will reduce situations where one parent bears the greater burden of responsibility.
Incentives for agreements: differentiated court fees and less formal negotiations
One of the main objectives of the amendment to family law is to promote the amicable resolution of disputes between parents. To encourage parents to reach an agreement, the amendment introduces a differentiation of court fees. In cases of uncontested divorce, where the spouses agree on all essential issues such as property division and child custody, the court fee will be CZK 2,000. Conversely, in contested divorces where the court has to decide on the conflict between the partners, the fee will increase to CZK 5,000. The move is intended to encourage amicable negotiations and speed up the divorce process.
The amendment also allows courts to order less formal hearings, which can take place outside the traditional courtroom. Such hearings are intended to create a more welcoming environment to help parents reach an agreement without undue stress. This approach allows for more open communication between the parties involved, which can lead to quicker and less conflictual resolutions.
Encouraging agreement between parents has a positive impact not only on the divorce process, but especially on the children. Amicable negotiations and lower court fees remove unnecessary obstacles and allow parents to focus on the needs of the children and their future.
New developments in the protection of children’s rights: Interim decisions and prohibition of corporal punishment
The amendment to family law places great emphasis on the protection of children’s rights, which is reflected in several major changes. One of them is the introduction of the institution of interim decisions, which replaces the existing system of interim measures. The interim decision gives the court more flexibility in dealing with urgent situations such as determining the child’s residence or establishing contact with the parents. Unlike interim measures, interim decisions are not limited by short time limits and can be more effective in dealing with transitional problems.
Another important change is the incorporation of the prohibition of corporal punishment of children directly into the law. Although the physical punishment of children has long been a subject of public debate, the amendment now makes it clear that corporal punishment is not acceptable as part of parenting education. This part of the amendments has caused the biggest storm within the Czech public, and a large number of citizens disagree with it because they believe that corporal punishment belongs in parenting.