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Czech family law

rutland ježek, Czech law firm on the family law in the Czech Republic
  1. For getting married in the Czech Republic, foreigners will need to submit certain documents to the Czech authorities, such as: (i) birth certificate, (ii) passport, (iii) a certificate proving his/her legal competence to enter into marriage, (iv) certificate of legal residency in the Czech Republic issued by the Czech Police and (v) other special documents in case of widowers/widows and divorced spouses. For entering into marriage between two persons none of whom has permanent residence in the Czech Republic, the fee in the amount of CZK 3,000 has to be paid to the municipality when the marriage takes place.

  2. The spouses can regulate the existence and the scope of the joint property of spouses by an agreement in a form of a notary deed (i.e. prenuptial agreement).

  3. Joint property of spouses and also the property which is not included in the joint property of spouses only because the spouses narrowed the scope of the joint property; or they agreed that the joint property shall start to exist only on the last day of marriage; or they agreed on separate property; can be subject to the enforcement of a judgment connected to the debts incurred even by one of the spouses either during the marriage or even prior to the marriage.

  4. There are two types of divorce proceedings: (i) divorce proceedings where breakup of a marriage must be ascertained and (ii) so called incontestable divorce (without ascertaining breakup of a marriage).

  5. Divorced spouse can claim alimony if he/she is not able to make his/her own living and such inability is connected to the marriage (e.g. if he/she cannot go to work because he/she takes care of a small child).

  6. Both parents have parental responsibility even after a divorce. In case that the parents cannot reach an agreement on a significant matter of the custody, the court shall decide (upon a motion of a parent).

  7. There are three types of custody - sole custody, alternative custody and shared custody.

  8. The parent who does not have a child in its custody is usually obliged to pay a child support. The amount of the child support should reflect the needs of the child as well as income and total property situation of the obliged parent (usually 10 - 15 % of the obliged parent's net income depending on the wage and child´s age - as the child grows up, the usual percentage increases).

  9. Custody decision can be changed in case of a change of circumstances of the parent or the child.
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Please note that the list of legal matters stipulated in this section cannot be considered and exhaustive and comprehensive list of all issues arising under Czech law, further is not a legal opinion or advice in any manner, and only expresses view of rutland ježek, law firm on certain specific issues of Czech law.