Easy divorce in a notary’s office

The Ministry of Justice has laid out plans to amend the Civil Code on amicable divorce. Under the new legislation, if parents agree on child support and custody after the divorce, they will only need a notarial deed, not necessarily a court ruling on the merits.

Under current legislation, courts alone have the jurisdiction to finalize a divorce, usually the court with jurisdiction over the place where the spouses last lived together. Of course, court proceedings can often take six months or more, and that is with no complications or delays.

A notary divorce would only come into play in amicable divorces where there is no need to investigate the cause of divorce and where both spouses agree on the divorce, have not been living together for at least six months, were married for at least one year, and already have a court-approved agreement on arrangements for their minor children and agreement on property and housing.

Given the volume of court cases and average length of proceedings in the Czech Republic, the proposal to allow notaries to perform amicable divorces could prove quite helpful, especially as divorce rates continue to rise.

Autor: ADAM STAWARITSCH