Czech Republic

Sources of Law

Jurisdiction

Brussels II applies.

Domicile and Habitual Residence

Conflict of Law/Applicable Law to be Applied

Lex fori

Pre-Nuptial Agreements

Valid and enforceable, subject to limitations.

Divorce

Irretrievable breakdown of marriage is the sole ground but a separation of 6 months with consent establishes the ground. A separation of 3 years is required in the absence of agreement.

Finances/Capital/Property

Community of Property regime.

Capital split 50/50 between the parties upon divorce.

Pre-marital assets and inherited wealth are excluded.

Finances/Maintenance

Based on the applicants ability to maintain themselves.

Factors taken into consideration include ability, situation and need.

Maintenance is based on the level of funds available at the time of the application.

Child Maintenance

Cohabitants

Civil Partnership/Gay Marriage