Family Law & Marriage (Czech Republic)

Rodinné právo (Family Law)

• Regulates the position of an individual within a family
• Covers reciprocal rights and responsibilities of family members
• Addresses the rights of family members to protect their family rights via state authorities
• Deals with the status of minor children
• Concerns marital relations, relations between parents and children, and relations with other relatives, substitute family care
• Governed by Law No. 89/2012 Coll. - OZ... Family law §§ 655-975

Manželství (Marriage)

• Is a union between a man and a woman established in the manner prescribed by law
• Main objectives include:
  • Starting a family
  • Properly raising children
  • Providing mutual support and assistance
• A wedding ceremony is a prerequisite

Manželství - vznik (Marriage - Formation)

• Marriage is contracted by a free and full consensual declaration of a man and a woman (the betrothed) that they wish to enter into marriage.
• Two witnesses must be present at the declaration of intent to marry
• Must be solemnized before a public authority/church or religious body.

Prohlášení snoubenců (Declaration of the Betrothed)

• Declaration of the betrothed consists of the confirmation that:
  • They are entering into the marriage voluntarily
  • They have no known obstacles preventing them from marrying
  • They are mutually aware of their health status
  • They have agreed on the use of surnames and how
  • They have considered the arrangement of their property relations
  • They have considered housing and financial security

Druhy sňatků (Types of Marriage)

• Civil - officiated by a public authority representative + registrar
• Religious - ceremony typically at a place for religious ceremonies
• Other - any place without submission of documents

Překážky uzavření manželství (Impediments to Marriage)

• Incapacity - minority (under 16 years)
• Bigamy - dual marriage/registered partnership
• Close kinship - descendants, ancestors, siblings
• Ward/foster relationship

Manželství zdánlivé - nikdy nevzniklo (Putative Marriage - Never Originated)

• A court determines that the marriage is void without any motion
• Occurs when:
  • There was no expression of will to enter into marriage by one of the betrothed
  • The betrothed do not fulfill certain requirements, which are needed for creating the marriage with no reservations (duress, threat, mistake)
  • The religious wedding was not solemnized by authorized church body
  • Failure to submit the certificate of registry office - fulfillment of all legal requirements for wedding ceremony

Práva a povinnosti manželů (Rights and Obligations of Spouses)

• Non-enforceable equal obligations and rights.
• Respect, living together, being faithful
• Respecting each other’s dignity and supporting one another
• Creating a healthy family community and caring for the children together
• Sharing information about their income, assets, work activity, and study activity

Vymáhatelná (Enforceable)

• The right to secure a comparable standard of living with the other spouse
• Obligation to contribute to the expenses of the family household

Zánik manželství (Termination of Marriage)

• Death of one of the spouses
• Declaration of one of the spouses as dead
• Change of gender of the spouse
• Divorce

Manželství - rozvod (Marriage - Divorce)

• Can be granted upon the proposal of one of the spouses... IF...
• Their cohabitation is deeply and permanently disrupted - it cannot be expected to be restored (divorce is possible against the will of 1 of the spouses)

Sporný rozvod (Contested Divorce)

• Granted if:
  • The other spouse has suffered particularly serious harm
  • There are no special circumstances on the side of minor children hindering the divorce
  • A final decision regarding the relationship of common minor child has been issued

Nesporný rozvod (Uncontested divorce)

• Granted if:
  • Marriage lasted at least 1 year, spouses do not live together >6 months
  • There are no special circumstances on the side of minor children hindering the divorce
  • The spouses have agreed on the arrangement of the child for the period after the divorce
  • The spouses agreed on the adjustment of their property, housing and support relations for the period after the divorce

Rodičovství - domněnky otcovství (Parenthood - Presumptions of Paternity)

• (3) - The father of the child is a man who demonstrably had sexual intercourse with the child's mother during the period from which less than 160 days and more than 300 days have passed until the child's birth
• (2) - If an unmarried woman has a child from artificial insemination, the father is the man who consented to assisted reproduction by declaration by him and the mother of the child.
• (1) - The father of the child is the husband of the mother. If the child is born to a woman re married it is presumed of the second husband
• If a child is born to a woman again in wedlock, it is assumed that the father is the husband.

Popření otcovství (Denial of Paternity)

• A man, who is shown as father in the childs birth certificate, can deny it for up to 6 months from the day he learned about the facts, substantiating doubt about the paternity
• If the man doesn't make a statement, paternity can be denied for up to 6 years

Matkou dítěte je žena (The Mother of the Child is the Woman)

• The mother of the child is the women who gave girth to the child even when genetic material used is not hers

Overview of family law in the Czech Republic, including the legal definition of marriage. Covers formation of marriage, including the declaration of intent with two witnesses present. Also addresses the rights of family members and the status of minor children.