The expected amendment in the area of family law was originally supposed to enter into force at the beginning of this year, but its effectiveness is currently uncertain. The Constitutional Law Committee discussed the proposal at its meeting on 15 January 2025, after which a third reading in the Chamber of Deputies will follow. It cannot therefore be assumed that the amendment could enter into force before the end of 2025.

Nevertheless, let us take a look at what innovations we can expect.

Divorce simpler and faster
✔ Arranged divorce - If the spouses agree on the terms of the divorce, the court will divorce them without finding out the causes of the breakdown and without having to question them. This should make the process quicker, less confrontational and less administratively burdensome for everyone involved.
✔ Merger of divorce and custody proceedings - Instead of the current two separate proceedings, divorce and custody proceedings will be merged into one process. 
✔ No need to prove separation - The current requirement for spouses to prove that they have not lived together for at least six months before divorce should be abolished. 
✔ Encouraging amicable resolution - The court fee for an uncontested divorce remains at CZK 2,000, while for a contested divorce it increases to CZK 5,000. The aim is to encourage the parties to reach an agreement.

New rules on child custody
✔ End of the division into sole, alternate and joint custody - The type of custody will no longer be formally determined, but the court will set a specific schedule of the time the child will spend with each parent. The goal is that both parents will be considered equal caregivers.
✔ Obligation to try to reach an agreement - A parent who wants to file a petition to modify custody will have to prove that he or she has tried to reach an agreement with the other parent. The exception will be where agreement would be clearly impossible or inappropriate, for example because of domestic violence.
✔ Less formal court hearings - Courts will be given the opportunity to conduct hearings in a less formal setting, for example in child-friendly rooms, to reduce the emotional burden on children and avoid possible traumatisation of children.

Strengthening the protection of children's rights
✔ Prohibition of corporal punishment - In line with international recommendations, the amendment explicitly prohibits physical punishment, psychological abuse and degrading treatment of children. 
✔ Emphasis on the best interests of the child - The amendment emphasises the right of the child to have contact with both parents and strengthens his/her procedural rights. If the child is able to express his/her views, the court will have to take them into account in its decision-making.

In conclusion, the amendment aims to:

• To speed up and procedurally simplify divorce proceedings so that they are less stressful for all involved.
• Promote parental agreement with an emphasis on equal responsibility for the child.
• Increase the protection of children and their rights, including a strict prohibition of corporal punishment.

What is our view on these changes?

We believe that the proposed amendments can help to shorten the divorce process. The key benefit, however, is less stress for parents and especially for children, who are usually the most affected by divorce. Overall, we see these changes as positive.

Mgr. Jaroslav Hroza, partner

Mgr. Lucie Šalanská, lawyer