The divorce will be easier and without unnecessary formalities. What all changes from January 2026?

New concept: an arranged divorce

Instead of the existing “uncontested divorce”, there is a new concept of an arranged divorce. It is not just a matter of verbal cosmetics. The law makes it clear that the agreement of the spouses is key – an arranged divorce is based on the spouses themselves having resolved the main issues beforehand and the court merely “institutionalises” their agreement.

If the spouses agree to divorce and have also resolved the basic issues – the arrangement of the relationship to minor children for the period after the divorce, the division of property, housing and any spousal support – the court will no longer examine the causes of the breakdown. The law in such a case assumes that the marriage is deeply, permanently and irretrievably broken, and there is no need to prove who was “more at fault” in the breakup.

As a result, it will be possible to make a decision in the amicable mode without questioning the spouses, and sometimes even without ordering a hearing. As long as the terms are clear from the file and the parties submit coherent written statements, the court will not look for further evidence as to why the relationship ended. At the same time, the obligation to wait artificially will be removed – the existing six-month separation condition is abolished.

What conditions will need to be met for an agreed divorce

a “quicker” arranged divorce will not automatically be available to everyone. The law sets out several conditions that the court will check are met:

• The marriage must last at least one year. The aim is to prevent hasty divorces without a second thought.
• Both spouses agree that the marriage should end. The mere silence of one of them is not enough; the court must have a clear expression of consent.
• Arrangements for minor children. If the spouses have minor children, there must be an agreement on custody and maintenance, which the court will then assess in the best interests of the child.
• A written agreement between the spouses on property, housing and any maintenance. The agreement must be in writing, with the signatures of both spouses witnessed for property and housing. It can also be a notarial deed.

Only if these conditions are met will the court be able to use the simplified regime of an amicable divorce. In other words: a “quick and informal” divorce is a reward for the spouses having resolved the essential issues themselves beforehand.

Advantage for the agreement: different court fees

Until now, the court fee for divorce was uniform regardless of whether the spouses agreed or litigated. The amendment introduces differentiated fees from January 2026, which are intended to provide a direct incentive to settle.

• for an agreed divorce, the fee will remain at CZK 2,000,
• for a contested divorce, where the court resolves conflicting issues, the fee increases to CZK 5,000.

If the spouses initiate the proceedings as contested, but during the proceedings they reach an agreement and fulfil the conditions of an amicable divorce, the court will refund the difference. This is precisely to encourage the parties to try to reach an agreement during the proceedings, not to resign themselves to an agreement just because “it is already running as a dispute”.

However, the court fee is only the visible part of the costs. Contested divorces usually mean longer proceedings, higher legal costs, possible expert reports and other expenses. An amicable divorce, on the other hand, is faster, more predictable and less costly indirectly – in time and psychological costs.

Arranged vs. contested divorce in practice: typical situations

To give a better idea, the difference can be summarised with a few model examples:

• Spouses without children, with a pre-nuptial agreement They are clear about property and living arrangements, neither refuses to divorce. In such a case, the typical solution is an amicable divorce – the court will base its decision on the agreements and consensual statements presented, without the need for extensive evidence. A divorce can also take place without a hearing.
• Married couples with children who agree Prepare a written agreement about child custody and support, an agreement about property and housing, and both agree to the divorce. The court will assess whether the agreement on the children is in their best interests and, if so, will decide on the children and the divorce in one proceeding.
• Married couples where one spouse fundamentally opposes the divorce One spouse claims that the divorce is against their interests or would be particularly harsh for them (e.g. because of health, age, economic dependency). In such a case, the divorce will not be an amicable divorce, the court will examine whether the conditions for dissolution are met and the proceedings will be contested. Both a higher fee and a longer course are logical consequences of litigation in this situation.

Joint proceedings for divorce and children

One of the key procedural changes is the merger of divorce proceedings and proceedings for the adjustment of relations with minor children. Whereas until now there were two separate proceedings (first the children proceedings, then the divorce), from January 2026 these issues will generally be dealt with in one joint proceeding. This means fewer motions, fewer hearings and a shorter period of uncertainty during which the family waits for the final legal settlement.

Exceptions to this rule will be possible – for example, where the divorce dispute itself will take significantly longer than the decision on the children, or where there is already a final decision on the children’s relationship from another proceeding. In these cases, the court will be able to divide the proceedings if it is in the best interests of the child.

The detailed effects on the regulation of custody, access and parental responsibility will be dealt with in the family law part of the amendment; it is appropriate to devote separate space to these topics.

When the amendment will not make divorce significantly easier

The amendment simplifies divorce proceedings, but it is not a one-size-fits-all solution for every case. There are situations where even the new version of the law will not substantially shorten the proceedings:

• one spouse’s fundamental disagreement with the divorce,
• disputes over domestic violence, addictions or other serious circumstances,
• unwillingness to cooperate in property and housing agreements,
• suspected manipulation of the children or preventing contact with the other parent.

In these cases, the court will continue to take evidence, question the parties and witnesses, and consider whether the conditions for divorce are met and how child custody should be arranged. However, the amendment also partially changes the optics here: the court will no longer automatically examine in detail the causes of the breakdown unless it is directly relevant to the decision (e.g. just for the so-called hardness clause or for the decision on children).

What comes after divorce

A divorce is not legally effective until the judgment has become final. In an amicable divorce, an appeal will often be practically excluded by the fact that the spouses have already waived their right to appeal; in such a case, the judgment becomes final on the date of service on both spouses. Only then is it time to change personal documents, surnames, inform the bank, employers, insurance companies and other institutions.

The amendment also encourages the spouses to settle the matrimonial property before the divorce – this is one of the conditions for an amicable divorce. If this does not happen, a three-year period runs from the dissolution of the marriage during which they can settle the property by agreement or by petition to the court. After this period, the legal presumption kicks in: the property that one of the former spouses exclusively uses goes to him/her, the other property and debts remain in joint ownership. The result may then not correspond to the wishes of either party.

Thus, a practical “checklist” after divorce will include not only changing documents and surnames, but also reviewing contracts with banks, insurance policies, account dispositions, guarantor obligations, setting up new payments (e.g. alimony) and considering whether it is appropriate to settle the property contractually as soon as possible.

Divorce still under the old arrangements or wait until January 2026?

For spouses contemplating divorce as early as 2025, the amendment raises a practical question: does it make sense to “wait until January” or to start proceedings under the current regime?

In particular, situations where security or economic issues need to be addressed quickly – typically domestic violence, serious conflicts, pressure from creditors or the need to immediately adjust property and family circumstances – argueagainst postponing divorce. Here, it makes no sense to wait just to change the procedural arrangements.

On the contrary, it may play in favour of waiting if:

• the spouses assume that they can agree on the children and property,
• they want to take advantage of the less formal regime of an amicable divorce (no compulsory hearings, no proof of the causes of the breakdown),
• they prefer a lower court fee and a quicker process.

The decision is always individual. However, the amendment clearly moves the system in the direction of encouraging negotiated solutions and less state interference in privacy where the spouses have resolved the essential issues themselves.

Summary

From January 2026, it will be possible to end a marriage more quickly and with less invasion of privacy where spouses can agree. The new concept of an amicable divorce, the abolition of mandatory separation, the simplification of proof and the financial advantages of an agreement move divorce from the role of a ‘battlefield’ to that of a legal act that confirms a relationship that has already effectively ended.

In cases where a fundamental conflict persists – whether over the divorce itself or over children and property – divorce will remain a more challenging court proceeding. But the amendment gives more space to those who want to leave a marriage with dignity and at the least possible cost – not just financially, but also humanly.