Lawyer in Prague — Divorce

Quick answers

Will a Czech court have jurisdiction if my spouse lives in Prague?

Jurisdiction is determined by the Brussels IIb Regulation based on the spouses' habitual residence — depending on the facts, a Czech court, a court in your home country, or both could potentially have jurisdiction. A lawyer can assess which applies to your situation.

Will Czech law govern our divorce?

That depends on which country's courts hear the case and the private international law rules that court applies — the Czech Republic is not part of the Rome III framework used by some other EU states. A lawyer can confirm what applies to your specific case.

What happens to property or a flat we own in Prague?

Property in the Czech Republic needs to be accounted for in the settlement regardless of where the divorce proceedings themselves take place — transferring Czech real estate typically also requires dealing with the Czech land registry (katastr nemovitostí).

What you can do now

1. 1

   Find out which country's law will govern the divorce

   A Czech court applies the law of your shared citizenship: two Ukrainian or two Vietnamese citizens in Prague are divorced under Ukrainian or Vietnamese law. With different citizenships, the law of the country where you both live applies, otherwise Czech law. Spouses cannot choose the law in Czechia.

2. 2

   Check whether a Czech court can hear the case

   Under the EU Brussels IIb Regulation, Czech courts are usually competent when you live in the Czech Republic. If one of you lives abroad, a court there may also be competent — which court you file with first can matter.

3. 3

   If you both agree, aim for an uncontested divorce

   Czech law allows a faster uncontested divorce when the marriage has lasted at least one year, you have not lived together for more than six months, and you agree on the children, property, housing and maintenance.

4. 4

   Arrangements for children come first

   If you have minor children, the court first decides on their care and maintenance after the divorce; only then can the marriage be dissolved. An agreement you both sign speeds this up.

5. 5

   Prepare documents with official translations

   A foreign marriage certificate and other documents usually need an official Czech translation and, depending on the country, an apostille or superlegalisation. Ask the court or a lawyer which applies before you file.

Deadlines and money

Divorcing under a foreign law takes longer, because the court must establish and apply that law. Property: if you do not settle the shared property within three years after the divorce, the law settles it for you by fixed rules, which may not suit you. Court fees are set by law; lawyer fees are agreed — ask for an estimate, especially for a divorce with property or children.

Can you handle it yourself, or do you need a lawyer?

An uncontested divorce of two people who agree, with no property and no children, can be handled without a lawyer. Get a lawyer if your spouse disagrees, there are children or property, foreign law applies, one of you lives abroad, or your residence permit depends on the marriage.

As soon as it's clear the divorce has a Czech connection — residence in Prague, shared property there, or a child living in the Czech Republic — it is worth speaking to a lawyer early, since the choice of competent court can affect both property division and child arrangements.

Where to get help in Prague

• Residence and visas

  The Ministry of the Interior's OAMP office — book an appointment through the Information Portal for Foreigners or on +420 974 801 801.

  Ministerstvo vnitra — Odbor azylové a migrační politiky (OAMP)

• Free advice for foreigners

  The regional integration centre gives free advice in several languages and helps with offices.

  Integrační centrum Praha

• Wages and working conditions

  The regional labour inspectorate takes complaints against employers free of charge.

  Oblastní inspektorát práce pro hlavní město Prahu

• Court

  The district court for civil disputes such as deposits, wages or divorce.

  Obvodní soud podle městské části, kde bydlíte

Documents to Prepare

• •Marriage certificate and proof of residence (Czech and foreign, if applicable)
• •An overview of assets and debts in both countries
• •Children's birth certificates and details of their current residence/school
• •Any existing agreement on support or contact
• •Proof of both spouses' income

Frequently Asked Questions

Legal background

Under Act No. 91/2012 Coll. on private international law (Section 50), a divorce is governed by the law of the state of which both spouses are citizens; with different citizenships, by the law of the state of their common habitual residence; otherwise by Czech law. An uncontested divorce is governed by Section 757 of the Civil Code (Act No. 89/2012 Coll.). Within the EU, jurisdiction for divorce and parental responsibility is determined uniformly by the Brussels IIb Regulation, which applies in the Czech Republic as in every other member state — the courts of the spouses' habitual residence are typically competent, under the Regulation's specific criteria. Which country's law actually governs the divorce is a separate question: the Czech Republic does not participate in the Rome III enhanced cooperation on applicable law for divorce, so Czech courts apply their own private international law rules rather than Rome III, unlike some other EU member states. Whether Czech or another country's courts have jurisdiction, and which law applies, depends on the specific facts of your case.

Verified Sources

• Civil Code (Act No. 89/2012 Coll.), Sections 755–757 — Zákony pro lidi
• Private International Law Act (Act No. 91/2012 Coll.), Section 50 — Zákony pro lidi
• Brussels IIb Regulation (EU) 2019/1111 — EUR-Lex
• Applicable law for the divorce of an international marriage — epravo.cz

Last reviewed: 2026-10-15

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