Divorces in 2026: New Divorce Rules and Child Custody
With the arrival of 2026, Czech family law faces one of its most fundamental transformations in recent decades. On January 1, 2026, Act No. 268/2025 Coll. takes effect, amending the Civil Code and other related regulations. This comprehensive amendment brings fundamental simplification of divorce proceedings, changes the approach to child custody, expressly prohibits physical punishment, and introduces new court procedures.
According to the explanatory memorandum, the legislator's goal is primarily to calm family conflicts, support agreements between parents, and accelerate court proceedings. Below we provide a detailed overview of what changes for spouses and parents from the new year.
End of Lengthy Divorces and Examination of "Dirty Laundry"
The divorce process itself undergoes fundamental conceptual changes. The amendment aims to remove unnecessary sources of conflict escalation between spouses, which often led to psychological exhaustion of the family and traumatization of children. The existing principle that marriage can only be divorced if it is deeply and permanently broken remains preserved, but the method of proving it changes.
Consensual Divorce Without Separation Requirement
A major innovation is the regulation of so-called consensual divorce (Section 757 of the Civil Code). Until now, the law required spouses to have lived apart for at least six months for this expedited type of divorce. This condition in practice forced spouses to make false claims or prevented quick termination of a dysfunctional union.
From January 1, 2026, the six-month separation requirement is abolished. For consensual divorce (a new term for divorce without examining causes of breakdown), an irrebuttable presumption of qualified breakdown is introduced when legal conditions are met. If spouses agree on divorce and join the petition, the court will not examine the duration of their separation or the causes of breakdown.
Limited Examination of Breakdown Causes
Courts now abandon detailed examination of marriage breakdown causes even in contested divorces (Section 756). Proving who and to what extent contributed to the relationship's collapse was often the engine of mutual hatred. Courts will now examine breakdown causes only in exceptional cases – specifically when one spouse opposes divorce and claims that divorce would cause particularly serious harm, while they themselves did not predominantly contribute to the breakdown (Section 755 para. 2 letter b).
Revolution in Child Custody: End of "Alternating" or "Sole" Labels
Child custody decisions represent a highly emotional area of family law. The amendment in Section 907 and following abandons the current categorization of custody into joint, alternating, and individual (sole). The legislator responds to practice where parents often litigated over formal custody designation rather than its actual content.
The new Civil Code introduces a unified concept of parental "custody" of a child. The goal is to eliminate artificial categorization. If parents agree, the court merely confirms that the child remains in the custody of both parents. It will no longer be necessary for the court to authoritatively determine the alternation regime if parents do not request it themselves.
Equal Custody as a Child's Right
Provision Section 888 newly expressly establishes the child's right to equal custody of both parents (which may be a projection of constant Constitutional Court case law). This relates to new regulation of child support (Section 919 para. 2-4) – when parents agree on joint custody, the court will not decide on fulfilling maintenance obligations, which is a significant shift toward family autonomy.
Procedural Changes: Everything at One Court
Fundamental acceleration comes from changes in the Act on Special Court Proceedings. From January 1, 2026, divorce proceedings merge with proceedings on arrangements for minor children.
Until now, spouses with children had to go through two separate proceedings. Now, one judge will decide on divorce, custody, contact, and maintenance in a single proceeding. If combined proceedings would not be appropriate (e.g., due to conflict), the court can separate matters.
The role of parents is simultaneously strengthened. When parents agree, the child will not be automatically represented in proceedings by a conflict guardian (Social and Legal Protection of Children Authority), but directly by parents (Section 469 para. 4 of the Act on Special Court Proceedings), unless there is a conflict of interest.
Innovations in Child Support Enforcement and Property Settlement
Trading Child Support Claims
A completely new institute is the possibility of assigning child support claims (Section 921a). A due monetary child support claim decided by court can be assigned for consideration. Consideration must be provided only by bank transfer. For child support claims for minors, the assignor does not guarantee the collectability of the claim. However, the debtor cannot raise offsetting claims against the assignee regarding claims against the assignor.
Domestic Violence and Property Settlement
The amendment also brings an important tool for protecting domestic violence victims in the property sphere. Grounds for so-called disparity of shares when settling community property of spouses have been expanded. According to new Section 742 para. 1 letter g, a ground based on domestic violence or acts of intentional criminal nature is added.
Interest Rates and Provisional Arrangements
In the area of default interest (Section 1970), the possibility of establishing increased interest rates for child support claims of minors by government decree is introduced.
A procedural innovation is the introduction of provisional arrangements for children (Sections 465a to 465j of the Act on Special Court Proceedings). Unlike preliminary measures, provisional decisions require statements from all parties and have specific deadlines (within 3 months at the latest).
Higher Court Fees for Contested Divorces
The state wants to motivate couples to agree financially as well. While the fee for consensual divorce remains at 2,000 CZK, for other (contested) cases it increases to 5,000 CZK. A new fee of 3,000 CZK is also introduced for appeals in certain guardianship matters, intended to limit unnecessary prolongation of disputes.
These changes represent a comprehensive shift toward faster, more modern, and less conflictual justice in family matters.
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ECOVIS ježek, advokátní kancelář s.r.o.
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