The Czech Ministry of Justice is embarking on a significant overhaul of divorce proceedings with the aim of simplifying and expediting the process. Among the proposed reforms, one notable change is the elimination of the requirement to state the reasons for the marriage breakdown in court. Additionally, the existing mandatory six-month period of separate living before divorce will be abolished.

Another key aspect of the reform involves merging divorce and child custody proceedings into a single unified process. This consolidation aims to streamline the divorce procedure, preventing delays and reducing the complexity of the overall process. Notably, the proposal suggests that both spouses will no longer need to undergo questioning by the courts during divorce proceedings.

These proposed changes, part of a comprehensive divorce reform introduced by the Ministry of Justice, were presented by Deputy Antonín Stanislav (ODS) in a press conference at the Chamber of Deputies. The measures are expected to be incorporated into the Civil Code, and the draft has already been sent for interdepartmental comments in September.

Deputy Stanislav highlighted that the current regulations surrounding divorce proceedings include elements considered outdated from a practical standpoint. These elements often complicate and prolong the divorce process for couples for whom divorce is the inevitable solution.

The decision to merge divorce proceedings with arrangements for children into a single process is intended to enhance efficiency and reduce the stress associated with divorce proceedings. It’s important to note that any agreement concerning children will still require court approval.

Under the proposed changes, if parents can reach an agreement on the terms and all aspects concerning their child, the appointment of a “conflicting guardian,” previously mandated, will no longer be necessary. This guardian typically represented the child in the proceedings and was often a representative of OSPOD.

Instead, the proposed amendment suggests that parents, as individuals who know their child best and can best assess their needs and interests, should represent their child. This shift is designed to empower parents to take a more active role in shaping the future of their children, especially during the emotionally challenging process of divorce.

The proposed reforms signal the Czech Ministry of Justice’s commitment to modernizing divorce proceedings and ensuring that the process aligns with contemporary societal and legal perspectives. The changes aim to ease the burden on divorcing couples, promote cooperation in child-related matters, and provide a more efficient and less adversarial approach to divorce.

Article by Prague Forum