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Family Law

Nesporný rozvod

Uncontested divorce: if the spouses agree on the children and the property, the court does not examine why the marriage failed.

Under Czech law

What practitioners call a "nesporný" or smluvený rozvod is the arrangement under § 757 of the Civil Code (Act No. 89/2012 Sb.). The court will divorce the marriage without investigating the causes of the breakdown if: the marriage lasted at least a year and the spouses have not lived together for at least six months; both join the petition (or one joins the other's); they present a court-approved arrangement for any minor children (decided separately by the guardianship court under § 906); and they submit agreements with certified signatures on property settlement, housing, and any spousal maintenance.

A contested divorce under § 755–§ 756, by contrast, means the court examines the breakdown — slower, more expensive, and more painful. The court fee for a divorce petition is 2 000 Kč (item 4 of the schedule to Act No. 549/1991 Sb.).

A practical example

A couple with one child agrees on alternating care and a property split. Their lawyer first obtains the guardianship court's approval of the parenting plan, then files the joint divorce petition with the signed agreements attached. The divorce hearing takes minutes; some courts decide without the spouses appearing at all.

When you need a lawyer

To draft the settlement agreements properly — they permanently dispose of the flat, the mortgage, and the business — and to sequence the two court proceedings. One well-drafted package usually costs a fraction of a contested divorce.

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