Divorce with an international element and related issues of child custody and maintenance

Divorce with an international element tends to be more complex from the outset. Even before addressing the divorce itself, it is necessary to determine which court has international jurisdiction over the case and which law will apply.

In practice, the matter does not concern the divorce alone. Issues of custody of minor children and maintenance are assessed separately. These areas follow their own rules for determining jurisdiction and applicable law, and, under Czech law, their resolution is also a prerequisite for the dissolution of the marriage.

A key concept is that of habitual residence—whether of the spouses or of the child. This often determines where the proceedings will take place and which legal system will apply. Identifying the appropriate forum and the applicable rules is therefore a crucial part of the overall procedural strategy.

In her article, Sára Tichá provides an overview of how Czech courts assess these issues, including the relevant EU regulations and international conventions that come into play.

You can read the full article here.