From January 2025, the so-called “EU tax” is due to come into force. the divorce amendment. Parents will now be able to end the marriage by an agreed divorce. Its main purpose is to simplify and speed up divorce proceedings, promote parental consensus on child rearing and protect minors from protracted disputes between their parents.
In the case of an amicable divorce, the court refrains from establishing the existence of the breakdown of the marriage and therefore from the mandatory questioning of the spouses. The consent of both spouses to the divorce and their agreement to the permanent and irreversible dissolution of the marriage will be sufficient. Although the judicial adjustment of the relations with the minor children after the divorce will remain a condition of the divorce, the proceedings for the adjustment of the relations with the minor child should be joined with the proceedings for the dissolution of the marriage. Parents (and their children) will not be forced to undergo two separate proceedings. Formalism is also to be reduced by not making the representation of the child compulsory. by a conflict guardian (usually exercised by a social-legal protection authority for children – OSPOD). However, the child will be able to request a guardian.
Furthermore, the amendment will abolish the preliminary adjustment of proportions. According to the current regulation, this measure is issued without hearing the other parent, on the basis of documents available to the court. The amendment seeks to limit such a one-sided assessment of the situation. Instead, a new institution will be created – the Interim Adjustment of the Child’s Provisions, where both parents will be heard before the adjustment is proceeded with.
The law will also remove the designation of forms of care such as alternate, joint or exclusive care. If the parents agree, the court will decide that the child remains in the custody of both parents without determining the extent of custody of each parent. In more contentious divorce proceedings, the court determines the extent of custody of each parent, taking into account the best interests of the child. If necessary, the court may also determine the conditions of custody, in particular the place where the parent may or may not care for the child or the persons who may or may not be present during custody.
According to the Explanatory Memorandum, these changes are intended to make the procedure for an amicable divorce more informal. The more relaxed atmosphere is intended to help the whole family agree on a solution. Parents should also be financially motivated to do so. The fee for initiating proceedings for an amicable divorce will be CZK 2,000, while for other divorces the court fee will be CZK 5,000.
Efforts to bring parents to consensus in the context of divorce can certainly be welcomed. However, the question remains to what extent proceedings without the involvement of conflict guardians will prove successful and whether their agenda will not be indirectly transferred to the courts. The amendment is now in the committees of the Chamber of Deputies. It will be interesting to see if there are still some changes.
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This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.