The number of binational couples continues to increase annually across all EU nations, and in tandem with this growth, we witness a rising divorce rate. Whether one is wed to a Czech citizen or residing in the Czech Republic for an extended period with their expatriate spouse, divorce in such circumstances invariably carries an international dimension, potentially intensifying the complexity from a legal perspective.
Primarily, one must determine whether Czech courts hold jurisdiction over the matter. This pivotal query finds its answer primarily within Article 3 of EU Regulation No. 2019/1111, commonly referred to as Brussels II ter. Concerning divorce and marriage annulment matters, jurisdiction typically resides with the court where the spouses are habitually resident, or where the respondent maintains habitual residence. In cases of a joint application, jurisdiction rests with the state in which either spouse is habitually resident. Alternatively, jurisdiction may also vest in the courts of the state of both spouses' nationality.
These regulations established by the EU possess an exclusive character. In practical terms, this implies that a spouse who is either habitually resident in, or a national of, an EU Member State may only be subject to legal action in another EU country in strict accordance with the provisions governing jurisdiction laid out in the EU Regulation.
Clients frequently inquire about the possibility of obtaining a divorce within the Czech Republic. In most cases, the answer entails a process of analysis and subsequent persuasion of the court. Once this initial step is completed, we then turn our attention to another crucial question: the determination of the governing law for the divorce and the division of common assets. While the intricacies of these matters may occasionally appear more complex than they truly are, the provision of sound guidance is typically essential. With almost 10 years of experience at this field we are ready to help you. Do not hesitate to contact us at firstname.lastname@example.org