Family law
Family law: divorce, child support, care of children
Family matters are personal and often urgent. I will explain the court procedure and the option of an agreement, prepare the necessary filings and represent you in the proceedings. When deciding about children the court is guided by the child's interest, and I prepare the filings accordingly.
Parents must contribute to the maintenance of their children according to their abilities, means and financial circumstances. The duty lasts until the child is able to support themselves.
How it works
A family matter step by step
Divorce and arrangements for minor children are dealt with by the district court. The proceedings begin with a petition that sets out why the marriage has broken down and proposes how the children's circumstances should be arranged after the divorce.
A marriage is always dissolved by a court. In its judgment on the divorce the court also arranges the minor children's circumstances for the time after it: with whom they will live, how contact with the other parent will work and what child support will be paid.
An agreement between the parents on the children and between the spouses on property simplifies the proceedings. The court assesses it in the child's interest, so I prepare it to be clear and in a form the court can approve.
Property acquired during the marriage generally belongs to the spouses' joint ownership, which ends when the marriage ends. It can be divided by agreement or, on a petition, by the court; for real property, ownership changes only upon registration in the land registry.
- Competent court
- District court
- Representation by an attorney
- Not mandatory
- Dissolving a marriage
- Always decided by a court
- Legal basis
- Act No. 36/2005 Coll. on the Family
What I handle
Family matters usually bring several questions at once. I can help you with each of them separately or within a single set of proceedings.
Divorce
I prepare the divorce petition and represent you in the proceedings before the district court. Where spouses agree, I prepare a draft agreement on arrangements for the children.
Child support
I prepare a petition to set, change or reduce child support for a minor child, and maintenance between divorced spouses. I help compile an overview of income and needs, which the court takes as its starting point.
Care of a minor child
I propose arrangements for upbringing, personal care and contact with the child, including alternating personal care. The court decides in the child's interest and also finds out the child's views where age and maturity allow.
Division of spouses' property
I prepare an agreement on dividing the spouses' joint ownership, or a court petition where no agreement is reached. If the agreement includes real property, I also prepare the application for registration in the land registry.
Agreements before the court
I prepare a parents' agreement on the children or a spouses' agreement on property so that the court can approve it. If it were contrary to the child's interest, the court would not approve it.
Changing and enforcing decisions
When circumstances change, for example a parent's income or the child's needs, I propose a change to the decision. For unpaid child support I assess enforcement and the option of substitute maintenance.
Sensitive situations
When safety or urgent matters are involved
Some situations cannot wait for ordinary proceedings. This is what to do first.
Danger to safety and domestic violence
If you or your child are in immediate danger, contact the police on 158 or call the emergency line 112. We deal with legal help afterwards; I will then assess whether an interim measure of the court is appropriate.
Urgent decision about a child
If the child's residence or contact with the child must be arranged quickly, I will assess whether an application for an interim measure is appropriate. The court decides on it in an abbreviated procedure, before ruling on the matter itself.
A child or parent abroad
In cross-border matters I first assess which country's court has jurisdiction, and only then propose how to proceed. Within the European Union Regulation (EU) 2019/1111 applies; a special procedure applies where a child has been wrongfully taken abroad.
Common questions
How does a divorce work?
The petition is filed with the district court. The court examines whether the marriage is so deeply and permanently broken down that it cannot be expected to be restored (section 23 of the Family Act), and also arranges the minor children's circumstances after the divorce.
Can spouses agree without going to court?
A marriage is always dissolved by a court. An agreement between the spouses on the children, child support and property does simplify the proceedings, and the court assesses it in the child's interest.
How is the amount of child support determined?
The law sets no fixed amount. The court takes into account the child's needs and the parents' abilities, means and financial circumstances (section 62 of the Family Act). A specific amount can only be assessed from your documents.
What belongs to the spouses' joint ownership?
As a rule, property acquired by either spouse during the marriage, subject to the exceptions set by law (section 143 of the Civil Code). After a divorce it can be divided by agreement or by the court on a petition.
Do I need an attorney for a divorce?
No, representation by an attorney is not mandatory. An attorney does, however, prepare the petition and documents and the agreement on the children and property, represents you at hearings and keeps track of time limits.
What can I do if the other parent does not pay child support?
A final decision on child support can be enforced through execution. If the statutory conditions are met, the child may be entitled to substitute maintenance from the Office of Labour, Social Affairs and Family (Act No. 201/2008 Coll.). I will assess the appropriate course for your situation.
Write to me about your situation
Briefly describe what is going on and say whether there are minor children in the family. I will explain the procedure, the time limits and your options, and we will agree the next step.