Although divorce ends the legal union between the partners, it certainly does not end all the issues that need to be resolved. Changing your last name, dividing joint property, housing, alimony, or changing a child’s last name are all important topics that can affect the lives of both former spouses. What are the steps to take and how to best navigate this period? .
After a divorce, a former spouse has the right to request a return to his or her birth surname or the surname they used before the marriage. This right applies both to people who took their partner’s surname when they married and to those who merely added their new surname to their original one.
The application to change the surname must be made within six months of the divorce becoming final. If this deadline is met, the change is made without a fee. After this period, a return to the original surname is still possible, but is already subject to an administrative fee.
Although the change of surname after divorce is not limited to women, in practice it most often affects them, as it is customary for them to take their husband’s surname on marriage. The return to the original surname can be notified at any registry office, where the request can be made orally or in writing.
Once the change of surname has been approved, new personal documents such as an identity card, passport or driving licence must be applied for. However, the change of surname is effective immediately, even before the new documents are issued, similar to a change of surname after marriage.
If the parents agree to change the child’s surname, they can submit a joint application to the registry office. However, if the other parent does not agree to the proposed change, the parent requesting the change must apply to the court. The court will then assess whether the change of surname is in the best interests of the child and may substitute the consent of the other parent in justified cases.
If a child has reached the age of 15, the law gives him or her the right to decide on his or her surname. This means that even if both parents agree to the change, the child must also agree to it.
Once the change of surname has been approved, either by parental agreement or by court order, all the relevant documents must be presented to the registry office. Once the change of surname is officially registered, new documents for the child must be provided, such as a new birth certificate, an identity card (if the child already has one) and possibly other documents such as a passport or health insurance card. Changing a child’s surname thus affects not only their administrative records, but also their daily life, school records and other official documents.
If there is a divorce, the best way to settle the matrimonial property is by agreement in what is known as an uncontested divorce. This takes effect on the date of the dissolution of the community property, so it does not matter whether you conclude it before or after the divorce. Contested divorce, on the other hand, does not require the spouses to agree immediately on the division of the community property.
Normally, each ex-spouse is entitled to an equal share of the community property. However, in exceptional cases, the court may decide on an unequal division – for example, if one of the spouses has abandoned the family, is not taking care of the children and is not fulfilling the maintenance obligation.
In the actual division, the value of the assets and debts must be determined. The state of the community property at the time of the divorce is taken into account, but the valuation is based on current market prices. The court also assesses whether either spouse has invested his or her own funds in the community property or, on the contrary, whether the community property funds have been used for property owned exclusively by one of them. These claims must also be taken into account in the settlement.
We will walk you through the whole process step-by-step from filing to court approval. Will will also ensure the best possible settlement for you, your children and your property. We proceed quickly, discretely and with experience. You may also pay after services are provided.
If the real estate is part of the community property (SJM), it becomes subject to the aforementioned property settlement after the dissolution of the marriage. The simplest and quickest solution is a mutual agreement between the former spouses. They can agree, for example, to sell the property and divide the proceeds, or to one of them keeping the property and financially compensating the other.
If the real estate belongs exclusively to one spouse, i.e. is not part of the community property (SJM), it is not subject to property settlement after the divorce. This means that the owner of the property remains the sole legal owner and the other spouse has no legal claim to the property. However, during the marriage he or she has acquired the right to live in the property, which may have an impact on his or her situation after the divorce.
After the divorce, the owner of the property may demand that his/her former partner move out. However, if no agreement is reached, it is necessary to apply to the court to have the property evicted. In doing so, the court does not only assess the property right itself, but also takes into account the social circumstances of the other spouse and the best interests of the children.
In some cases, the court may:
In exceptional cases, the court may even decide to maintain the second spouse’s right to live in the property, for example if his or her eviction would be contrary to the principle of protection of the weaker party.
If the spouses lived in a rented apartment during the marriage, the situation after the divorce is different from the settlement of a proprietary dwelling. As a rule, both spouses are entitled to the lease jointly, even if only one of them was the original tenant. After the marriage, a joint tenancy is automatically created, unless the spouses have agreed otherwise.
Again, the best solution is a mutual agreement that determines who will remain in the apartment after the divorce. This agreement should be in writing and the former partners should inform the landlord about it. In practice, which parent will look after the minor children is often taken into account, as their housing stability is often a key factor in the decision.
If the former spouses cannot reach an agreement, either of them can ask the court to determine who will have the right to continue living in the apartment. In making its decision, the court takes into account in particular:
If the court grants the right to rent to one of the spouses, it may also order the other spouse to vacate the apartment within a certain period of time. The court’s decision is then replaced by the consent of the landlord, who is not entitled to influence the situation himself.
Divorce does not automatically mean that the former spouses no longer have any financial obligations to each other. If the statutory conditions are met, a divorced spouse may be entitled to alimony. While the principle that spouses should have the same standard of living applies during marriage, this requirement is not as strict after divorce.
The degree of fault in the breakdown of the marriage can be a significant factor in deciding alimony. If the court concludes that one spouse is primarily responsible for the breakdown of the relationship, it may award the other spouse alimony for up to three years, even at the same level as he or she would have had during the marriage.
In particular, the Civil Code gives the divorced spouse who:
In such cases, the court may decide that, even after the divorce, approximately the same standard of living should be maintained as the person had during the marriage. However, this maintenance cannot be awarded for more than three years.
Tip: Wondering what child support your child is entitled to? The calculators on the web can provide guidance, but you need to know what else plays a role in determining child support and how you can calculate it. We’ve put together a summary to help you navigate the situation.
The divorce does not only end the personal relations between the spouses, but also the economic obligations acquired during the marriage. While property can be settled by agreement or court order after divorce, the issue of debts and liabilities can be more complex.
Therefore, if debts are incurred during the marriage, e.g. for the normal running of the household, car loans or renovation, both spouses are jointly liable for them.
The spouses can agree on who takes over which debt and how it is to be paid. If they agree out of court, it is advisable to have the agreement approved by the court or to modify it contractually with creditors to make it enforceable.
If the former partners do not reach an agreement, the court will decide. The court usually follows the principle of equal sharing of debts, but it may take into account who caused the debts, who used them and who is in a better financial position to repay them.
The most common problem in the division of joint property after divorce is the mortgage. If the spouses have a joint mortgage, they are both debtors to the bank and must continue to pay it until the situation is resolved. The options are:
The same rules apply to other loans, such as leases or consumer loans.
If the debt is part of the community property and one of the former spouses stops making payments, the lender may turn to the other spouse. This is true even if the spouses have agreed otherwise in the agreement between them – they are both still liable to the creditor if they fail to negotiate a modification.
Divorce also has implications for taxes and tax credits to which either spouse was entitled.
If one spouse claimed a spouse’s allowance (for example, because the other spouse did not have his or her own income above CZK 68,000 a year), he or she is no longer entitled to it after the divorce. If the divorce occurred during the year, the discount applies only for the months when they were still married.
A parent who has custody of a child can claim the child tax credit. If both parents take turns caring for the child after the divorce, they can split the allowance, or only one parent (typically the one with sole custody) can use it.
Summary
Divorce means not only ending a marriage but also having to sort out a number of legal and practical issues. Key areas include the possibility of a change of surname, division of joint property and debts, housing issues, maintenance for the ex-spouse and child custody arrangements. There are also administrative changes to remember, such as health insurance, tax obligations and updating personal documents. Addressing these issues correctly and in a timely manner can ease the transition into a new stage of life and prevent future disputes.
We will walk you through the whole process step-by-step from filing to court approval. Will will also ensure the best possible settlement for you, your children and your property. We proceed quickly, discretely and with experience. You may also 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.
TheMinistry of Justice has introduced an amendment to the law to further simplify the divorce process in court. The primary goal, according to the drafters, is not to make divorce an easy matter, but to eliminate outdated legislation. What will this amendment bring to our clients who are considering divorce?
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
