Amendments to the Czech Civil Code that took effect at the start of this year are intended to pave the way for faster divorces. Courts will no longer be required to determine who was at fault for the breakdown of a marriage, and agreements between parents on child custody are expected to speed up proceedings. Critics, however, argue that in some cases the “streamlining” may come at a cost borne by children.
Roughly 40 percent of marriages in Czechia end in divorce, and under the previous system—when courts were obliged to establish fault—cases could become highly contentious and drag on for months, even years. Disputes over custody of underage children often made the process even more painful and prolonged.
The reform is designed to simplify and shorten divorce proceedings. Instead of two separate cases (first custody, then divorce), both issues are now meant to be handled together in a single, combined proceeding. Courts will also no longer be obliged to assign blame for the collapse of the marriage. If parents can reach an agreement on custody ahead of the hearing, this should enable a much quicker conclusion—reducing time, expenses and emotional strain.
“When our marriage fell apart, we fought over custody for a long time. It was really difficult for me to accept that our son would have to be in alternating care, constantly going from one parent to the other,” a Prague mother, who asked to remain anonymous, told Czech Radio. After a lengthy court battle that cost both time and money, she and her former husband eventually agreed on shared custody. Their son now spends one week with his mother and one week with his father.
The new provisions also remove formal distinctions between different “types” of childcare arrangements. Labels such as “sole”, “joint” or “alternating” care are no longer used. The law also stops distinguishing between the so-called “resident” parent (with whom the child lives) and the “non-resident” parent (who only has contact rights). The guiding principle becomes that the child remains in the care of both parents, while the court determines the practical scope based on the parents’ agreement or the circumstances of the individual case.
This opens the door to a fast-track divorce for parents who can agree on custody in advance—saving time, money and nerves.
However, critics stress that while the changes may suit divorcing adults, they could expose some children to risk. The government’s commissioner for human rights, Taťána Malá (ANO), argues the rules need correcting. In her view, the key problem is that an agreement reached for a fast-track divorce may fail to take account of past domestic violence within the family—and therefore may not protect children adequately. She believes this can be unhelpful both for parents and for the children involved in such high-risk situations.
The amendment also establishes that corporal punishment of children is inadmissible, but it does not introduce penalties for breaching the rule.
