Divorce from 1 January 2026 – What Is Changing?

From 1 January 2026, the rules governing divorce, child custody arrangements, child support, and parental responsibility are changing. What are the main changes to divorce proceedings?

• Introduction of the “agreed divorce” – for couples who reach an agreement on the divorce, the division of property, and other related arrangements. The agreed divorce replaces the current “uncontested divorce” procedure and removes many formal requirements. For example, the requirement that spouses live separately for six months will be abolished.
• Abolition of the requirement to determine the causes of the marital breakdown – the court will no longer examine which spouse was “at fault” for the breakdown of the marriage, unless there is a statutory reason to dismiss the divorce petition.
• Merger of divorce proceedings and proceedings concerning arrangements for minor children into a single set of proceedings – this will make the entire process faster and simpler and reduce the stress associated with the breakdown of a family. Until now, the court first had to decide on the arrangements concerning minor children before it could rule on the divorce itself. Under the new rules, only one proceeding will be conducted.
• Possibility of a decision without the mandatory personal attendance of the spouses – if a complete agreement has been reached (covering both property matters and arrangements concerning the children), the court may decide the case without hearing the parties in person.
• New court fee structure – the amendment introduces clearer court fees for “uncontested” and “contested” divorces, including the possibility of a partial refund if an agreement is reached. The court fee for an agreed divorce will be CZK 2,000, the fee for a contested divorce will be CZK 5,000, and if the parties reach an agreement during the proceedings, the fee will be CZK 3,000.

These changes are intended to make divorce proceedings faster and less burdensome for the parties involved.

New Rules on Child Care Arrangements and Parental Responsibility

One of the most significant changes introduced by the amendment concerns the overall approach to child care arrangements following a divorce or the end of a relationship:

• Introduction of a “temporary decision” – this new legal instrument replaces the existing preliminary injunction in matters concerning children. The court will issue the decision after hearing both parents and without undue delay. No appeal is available against such a decision. Its purpose is to bridge the period of uncertainty before a final decision on the merits is made.
• Abolition of the distinction between “sole custody”, “shared custody”, and “joint custody” – the formal categorisation of these arrangements is being removed. Instead, the court will simply determine how parental care is to be exercised by each parent (when, how often, where, etc.). The aim is to tailor court decisions to the specific circumstances of the child and the parents, rather than adhering to rigid legal labels. In practice, it is often these labels that create the greatest difficulties.
• Equal standing of both parents – the amendment emphasises that a child has the right to be cared for by both parents and that both parents have the right to care for their child. The reform is not intended to impose an “ideal 50/50 arrangement” in every case, but rather to allow care arrangements to be structured flexibly according to the child’s needs.
• More flexible and individualised court decisions – courts will be able to determine a specific care schedule and, where appropriate, regulate the conditions of contact (such as the place of contact, the persons involved, or any restrictions) or order indirect contact (for example, by telephone or other means of communication).
• Limitation of the automatic involvement of the Child Protection Authority (OSPOD) – the participation of the Czech child protection authority will no longer be mandatory in every case, but only where it is genuinely necessary for the protection of the child’s interests.

Child Support and Enforcement of Child Support – What Is Changing?

Another significant aspect of the reform concerns the rules governing child support:

• Assignment of child support claims to third parties – a parent entitled to receive child support (typically a single parent) will be able to assign the claim to a third party, such as a debt collection agency. The third party may then pursue recovery of the outstanding child support. The parent will receive the principal amount of the child support immediately, regardless of whether the enforcement is ultimately successful. This may provide valuable financial assistance to parents facing financial hardship.
• Ability to take future needs of the child into account when determining child support – courts (or parents by agreement) will be able to consider not only the child’s current circumstances but also foreseeable future needs, such as starting school. As a result, it may no longer be necessary to file a new application for an increase in child support shortly after a court decision has been issued.
• Higher default interest on unpaid child support – the purpose of this change is to encourage obligated parents to meet their child support obligations in a timely manner.

These changes are intended to simplify the enforcement of child support obligations and provide stronger protection for the child’s financial interests. We have discussed the determination of child support in more detail here.

Greater Emphasis on the Protection of the Child

The amendment also expands the concept of parental responsibility and strengthens the protection of children:

• Prohibition of corporal punishment – the law expressly rejects the use of physical punishment and degrading treatment in the upbringing of children. At present, however, the amendment does not introduce specific sanctions for violations of this principle.
• Greater emphasis on the best interests of the child as the primary consideration – when deciding matters concerning care arrangements, contact, and child support, courts must focus on the child’s needs, stability, and well-being, rather than relying solely on formal legal concepts.

Summary: What Does This Mean for You?

If you are considering divorce, the new legislation offers a significantly faster, less expensive, and less formal process.

In matters concerning children, there is now a much stronger emphasis on the individual needs of the child rather than predefined models such as “shared custody” or “sole custody”. This may make it easier to establish practical and workable care arrangements tailored to the specific family situation.

If you are facing difficulties because the other parent is not paying child support, the amendment allows the claim to be assigned to a third party for enforcement, potentially providing you with quicker access to funds needed to support your child.

Schedule an initial consultation with us. We will review your situation, assist you in preparing all necessary applications and agreements, and provide legal representation throughout the entire process.