Divorce for Foreigners in the Czech Republic

Divorce is the only option to terminate a marriage in the Czech Republic. However, divorce for foreigners can be more complicated than for Czech citizens. This article aims to provide information on the legal aspects of divorce for two foreigners or a foreigner and a Czech citizen in the Czech Republic.

When do Czech courts decide on international divorce, and when do foreign courts decide? Czech courts can decide on divorce if:

  • Both spouses are Czech citizens.
  • Both spouses live in the Czech Republic.
  • The last common habitual residence of the spouses was in the Czech Republic, and at least one of them still lives in the country.

It is important to note that the permanent residence, which is only administrative, is not relevant. The habitual residence, which is the place where a person actually lives and is integrated into social life, is what matters.

Other situations where Czech courts may decide include cases where:

  • The respondent has their habitual residence in the Czech Republic.
  • At least one of the spouses has their habitual residence in the Czech Republic when filing a joint divorce petition.
  • The petitioner has had their habitual residence in the Czech Republic for at least one year.
  • The petitioner has had their habitual residence in the Czech Republic for at least six months and is a Czech citizen.

What if the same divorce proceedings are running in two different states? If divorce proceedings are initiated in courts of two different states, the court that initiated the proceedings later will suspend the proceedings until the jurisdiction of the other court is determined.

When is Czech law applied, and when is foreign law applied? Divorce proceedings will be governed by Czech law if it applies to the personal circumstances of the spouses at the time of its initiation. However, Czech law may also be applied in a substantially less common case.

For foreigners living in the Czech Republic seeking to divorce, it is crucial to have an experienced divorce lawyer who can guide them through the process. We recommend the specialized divorce lawyer Mgr. Jan Kubica, who has over 12 years of experience in divorce law, speaks English, and is located in Prague. Contact information for Mgr. Kubica is as follows: Telephone: 00420 730 570 578, E-mail: info@ak-kubica.cz, Address: Vinohradska 22, 120 00 Prague 2, web: ak-kubica.cz

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