National law – CZ – Civil and public law – chapter 5

Marriage is regulated in the Czech Republic by the Civil Code in the family law section, as a private law. Basic principles of family law include the principle of child welfare, the principle of equality of family law subjects and the principle of mutual assistance.

Marriage is a permanent bond between man and woman, the main purpose of marriage is to found a family, to properly educate children, and to support and help each other. Marriage is the result of a free and complete affirmation of the will of men and women (engaged couple) who intend to marry together.

This may be a civic or religious marriage. If the spouses show the will to marry together, in person, before a public authority executing a marriage ceremony in the presence of the Registrar, it is a civil marriage. If the spouses show willingness to marry together personally before a church body or a religious organization authorized to do so under another law, this is a church marriage. If a marriage is to be enforced, the spouse must first submit a certificate issued by the registry office in whose jurisdiction the marriage is to be closed. The certificate must include a statement that the spouse has met all the requirements laid down by the law for marriage. No more than six months have elapsed since the certificate was issued for the marriage ceremony. If the marriage was closed, the marriage partner is obliged to deliver the marriage record to the registry office in whose administrative district the marriage was concluded within three working days of marriage.

The marriage ceremony is public and festive; it is done in the presence of two witnesses. At the marriage ceremony, they shall declare that the surname of one of them shall be their common surname, or shall retain both surnames, or the surname of one of them shall be their surname in common, and the surname of which shall not be a common surname shall be added to the common surname in the second place his last name. If the couple retains their last name, they shall declare at the marriage ceremony which of their surnames will be the surname of their joint children.

A citizen of the Czech Republic may also marry outside the territory of the Republic before the diplomatic mission or consular office of the Czech Republic.


Legal obstacles to marriage

  • marriage cannot close a minor who is not fully right

In exceptional circumstances, the court may authorize marriage to a minor who is not fully entitled and has reached the age of sixteen if there are important reasons for doing so.

  • marriage cannot be concluded by a person whose jurisdiction was limited in this area
  • marriage cannot be concluded by a person who has previously married or a person who has previously entered into a registered partnership or other similar foreign-registered partnership and that marriage, registered partnership or other similar aliens concluded abroad
  • marriage cannot be concluded between ancestors and offspring, nor among siblings; the same applies to persons whose kinship was born by adoption
  • marriage cannot be concluded between the guardian and the guardian, between the child and the person in whose custody the child was entrusted, or the foster parent and the entrusted child

If a marriage has been concluded, although a legal impediment has been prevented by it, the court shall declare the marriage invalid at the request of anyone having a legal interest therein unless the marriage hinders the impediment of limited authority. A marriage is considered valid until it is declared void. If the marriage was declared invalid, it is considered like it never happened.

A marriage cannot be declared invalid if it has ceased to exist or if correction has already taken place. Nor can a marriage be declared invalid if it has been concluded by a minor who is not wholly entitled or by a person whose legal capacity has been limited in that area and a child born alive has been conceived.


Duties and rights of the spouses

Spouses have equal responsibilities and equal rights. Spouses are obliged to respect each other; they are obliged to live together, to be faithful, to respect each other’s dignity, to promote themselves, to maintain a family community, to create a healthy family environment and to take care of children together.

The husband has the right to have his / her second husband communicate his / her income and wealth, as well as his / her current and contemplated work, study and similar activities. And when choosing his / her work, study and similar activities, he / she must take into account the interest of the family, the other spouse and the minor who has not acquired full authority and who lives together with the spouses in the family household and, if applicable, other family members.

A husband has the right to represent his spouse in his normal affairs. Husbands have mutual maintenance obligations to the extent that they both provide essentially the same material and cultural level. The maintenance obligation between spouses is preceded by the maintenance obligations of both the child and the parents.

What belongs to the husband has property value and is not excluded from the law, is part of the joint property of the spouses. This does not apply if the common property ceases to exist on the basis of the law.

Termination of marriage

Marriage expires only for the purposes of the law, by divorce, by the death of one of the spouses, by the declaration of the dead.

Marriage can be divorced if cohabitation is deeply, permanently and irreparably distorted, and cannot be expected to be restored. Although marital coexistence is disrupted, marriage cannot be divorced if divorce is in conflict:

  1. with the interest of a minor child of the spouse who has not acquired full authority, the interest of the child in the marriage is also determined by the court by a question asked by the guardian appointed by the court for the procedure for adjusting the relationship to the child for the period after the divorce;
  2. with the interest of a spouse who, in particular, did not participate in the divorce by breach of matrimonial matters and which would be particularly gravely prejudiced by the divorce, with extraordinary circumstances in favor of the maintenance of the marriage unless the spouses have been living together for at least three years.

If the spouse has a minor who is not wholly entitled, the marriage will not be heard until it decides on the child’s circumstances in the time after divorce.

If the spouse joins the marriage divorce by the other spouse, divorce the marriage court without identifying the causes of the marriage breakdown if it concludes that the same claim of the spouses as to the divorce of the marriage and the intention to divorce is true and if:

  1. at the date of commencement of divorce proceedings, the marriage took at least one year and the spouses have not lived together for more than six months,
  2. the spouses who are parents of a minor who has not acquired full jurisdiction have agreed to adjust the child’s circumstances for the period after the divorce and the court has approved the agreement,
  3. the spouses have agreed to adjust their property, housing and, where applicable, maintenance for the period after that divorce.
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