Legal issues Czech Republic

Getting married in the Czech Republic as a foreigner requires compliance with certain legal procedures and the provision of necessary documents.

 

Choosing a marriage registration place

Marriage can be registered at any civil registry office in the Czech Republic. It is recommended to contact the chosen office in advance to confirm the requirements and available dates.

 

Submitting the application

The couple must submit a joint application expressing their intent to marry at the chosen civil registry office. The application must be submitted in person.

 

Required documents

Each prospective spouse must provide the following documents:

- A valid passport or identification card.

- Birth certificate.

Proof of marital status:

- To confirm the absence of obstacles to marriage.

- Divorce certificate or death certificate of a previous spouse (if applicable).

Proof of residence:

- A document confirming the current place of residence may be required.

 

Note that all documents issued outside the Czech Republic must be:

- Apostilled or legalized, depending on the country of origin of the documents.

- Translated into Czech: the translation must be performed by a certified translator.

 

Payment of fees: An administrative fee is charged for marriage registration.

 

Waiting and conducting the ceremony

After submitting all the necessary documents and paying the fees, a ceremony date is scheduled. The ceremony can be civil or religious, depending on the couple's preference.

 

Obtaining a marriage certificate

After the ceremony, an official marriage certificate is issued. If it is planned to use this certificate outside the Czech Republic, it may need to be apostilled.

 

Additional information:

Visa requirements: Foreign citizens must ensure that their visa status allows them to be in the Czech Republic at the time of marriage registration.

Consultation with local authorities: Since requirements may change, it is recommended to contact the chosen civil registry office in advance for up-to-date information.

Registering the birth of a child in the Czech Republic is a mandatory procedure ensuring the legal recognition of the newborn and the acquisition of necessary documents.

 

Registration place: The birth of a child is registered at the civil registry office based on where the child is born. If the child is born in a hospital, the medical facility usually forwards the necessary data to the corresponding civil registry office.

 

Registration deadline: The birth must be registered within 3 working days from the time of the child's birth.

 

Required documents

The following documents will be required for registration:

- Medical birth certificate: issued by the medical facility where the birth took place.

- Parents' documents:

Passports or identity cards of both parents.

Marriage certificate: if the parents are married.

Birth certificates of the parents: may be required to confirm personal data.

 

If one or both parents are foreign nationals, additional documents, such as:

- Residence permit or visa: to confirm lawful residence in the Czech Republic.

- Proof of marital status: to verify the absence of impediments to registration.

 

Note that all foreign documents must be:

- Apostilled or legalized, depending on the country of origin of the documents.

- Translated into Czech: the translation must be performed by a certified translator.

 

Registration procedure

After providing all necessary documents and completing the appropriate forms, the civil registry office issues the child's birth certificate. This document is an official confirmation of birth and is required for obtaining other documents, such as a passport or health insurance.

 

Additional information:

Child's citizenship: If one of the parents is a Czech citizen, the child automatically acquires Czech citizenship. If both parents are foreigners, the child's citizenship is determined according to the legislation of the parents' country of citizenship.

Registration at the embassy: if the parents are foreign citizens, it is recommended to register the child's birth at the embassy of your country to obtain the necessary documents and citizenship.

Registering your own business in the Czech Republic is a process that requires completing certain legal procedures and submitting the necessary documents.

 

Choosing a legal form:

Various forms of business operations are available in the Czech Republic, the most popular of which are:

- Sole trader: a simple form for individuals, with minimal capital requirements.

- Limited liability company: requires a minimum share capital of 1 Czech crown, with limited liability for participants.

- Joint-stock company: a more complex structure, suitable for large enterprises.

 

Obtaining a trade license: to conduct business activities, it is necessary to obtain a trade license. The procedure includes submitting an application to the Trade Licensing Office (in person, by mail, or through the Czech POINT portal).

Commercial Register registration: For legal entities, such as a Limited Liability Company or a Joint-stock Company, registration in the Commercial Register is required. The application is submitted to the regional court at the company's registered office.

 

Tax authority registration: After obtaining a trade license, it is necessary to register with the tax office at the business's registered address.

 

Registration with social and health insurance authorities:

Entrepreneurs are required to register with the Social Security Administration (for social insurance contributions) and a Health Insurance Company (for health insurance contributions).

 

Opening a bank account: It is recommended to open a bank account in a Czech bank for the company's financial transactions.

 

Additional requirements: Depending on the type of activity, additional licenses or permits may be required. It is recommended to consult with local authorities or legal advisors for detailed information.

Availability of notary services

In the Czech Republic, notaries provide services to both citizens of the country and foreigners. Foreign citizens can contact any notary in the Czech Republic for the necessary services.

 

Language barrier

Many notaries in the Czech Republic speak foreign languages. However, not all notary offices offer services in other languages. It is recommended to confirm in advance the possibility of service in the required language or to use the services of a certified translator.

 

When contacting a notary, foreign citizens should provide:

- A valid passport or identity card.

- Documents confirming legal residence in the Czech Republic: visa, residence permit, or other relevant documents.

- Additional documents: depending on the nature of the notarial act, additional documents such as birth certificates, marriage certificates, property documents, etc. may be required.

 

Translation and legalization of documents

Documents issued outside the Czech Republic must be apostilled or legalized, depending on the country of document origin; translated into Czech: the translation must be done by a certified translator.

 

Finding a notary

To find a notary who speaks the required language, you can use the official website of the Czech Republic's Notarial Chamber, where a list of notaries is available indicating the languages they provide services in.

The divorce procedure in the Czech Republic involves two main types of divorce: uncontested and contested.

 

Uncontested divorce: This type of divorce is possible if the spouses have reached an agreement on all key issues. To achieve it, they need to:

 

- Jointly file a divorce petition: Both spouses file the petition in court, or one submits it, and the other joins the application.

- Duration of marriage: The marriage must have lasted at least one year, and the spouses must have lived separately for at least six months at the time of the petition.

- Agreement on children: If spouses have minor children, they must conclude an agreement on custody, which must be approved by the court.

- Agreement on division of property and alimony: Spouses must conclude a written agreement on the division of joint property, determination of residence, and, if necessary, on the payment of alimony. The signatures on these documents must be notarized.

 

Upon fulfilling all these conditions, the court can issue a divorce decree without determining the reasons for the dissolution of the marriage.

 

 

Contested divorce: If spouses cannot reach an agreement on the above issues, the divorce process becomes contested. In this case:

 

- Filing the application: One of the spouses files a divorce application in court.

- Determining the reasons for the dissolution of the marriage: The court conducts a hearing to establish the reasons for the dissolution of the marriage and assesses whether the continuation of the marriage is impossible.

- Resolution of custody and property issues: The court makes decisions regarding child custody, property division, and possible alimony.

 

A contested divorce may take more time and require additional court hearings.

 

General steps of the divorce procedure

 

Filing the application: A divorce application is filed in the district court at the last common place of residence of the spouses, if at least one of them still resides in that area.

Court hearing: The court reviews the submitted documents, hears the parties, and, if necessary, witnesses.

Court decision: After considering all circumstances, the court issues a divorce decree and determines the conditions concerning child custody, property division, and alimony.

 

Additional information

 

Alimony: After divorce, one of the spouses may be entitled to receive alimony if they are unable to support themselves and are not at fault for the dissolution of the marriage.

Mediation: In some cases, the court may recommend that spouses undergo mediation to reach an agreement on contentious issues.

 

For foreigners residing in the Czech Republic, the divorce procedure has certain features that depend on their citizenship, residence status, and applicable legislation.

 

Competence of the Czech court

Divorce of foreigners in the Czech Republic is possible if:

- Both spouses reside in the Czech Republic.

- At least one of the spouses has a permanent residence in the Czech Republic or has been living here for a long time.

- The last common place of residence of the spouses was on the territory of the Czech Republic.

If one of the spouses is outside the Czech Republic, the court proceedings may be more complex and require additional steps, such as serving a subpoena through consular services.

 

Applicable legislation

- The question of which legislation applies (Czech or the legislation of the spouses' country of citizenship) is decided based on:

- EU Regulation Brussels II bis (if both or one of the spouses are citizens or residents of EU countries).

- International agreements between the Czech Republic and the country of the foreigner's citizenship (if such agreements exist).

- In some cases, the court may apply Czech law if the spouses have been residing in the Czech Republic for a long time.

 

Language barriers

Court proceedings in the Czech Republic are conducted in the Czech language. If one of the spouses does not speak Czech, they will need:

- A certified interpreter.

- Translation of notarized documents.

 

Custody of children and alimony

- If the spouses have children, the court considers their custody issues in accordance with Czech law.

- Child or spousal alimony may be assigned if necessary.

- If one of the spouses or child lives abroad, international agreements for alimony collection (such as the Hague Convention) may be applicable.

 

Recognition of divorce abroad

If the divorce was formalized in the Czech Republic, foreign nationals may need recognition of this divorce in their country of citizenship. This may include additional procedures such as legalization of the court decision or its apostillation.

 

Mediation

For foreigners experiencing language or cultural difficulties, mediation can be helpful. Some mediators offer services in foreign languages.

 

Recommendations for foreigners

Seek legal consultation from specialists familiar with international family law.

Ensure compliance with the requirements of their country of citizenship concerning the recognition of divorce to avoid legal complications in the future.

Government institutions

 

Integration centers for foreigners: These centers provide free legal and social consultations, Czech language courses, and cultural orientation. Branches of integration centers are located in each region of the Czech Republic.

 

Employment centers: Specialists working with foreigners provide individual support, including oral translation, employment assistance, and consultations on labor law.

 

Non-profit organizations:

 

InBáze: The organization offers free legal consultations on residency, family, labor, civil, and administrative law issues. Consultations are conducted in Czech, with translation if necessary.

 

Integration Center Prague: The center provides free legal consultations on extending the stay, family reunification, obtaining citizenship, and other issues. Consultations are arranged by phone.

 

Private law firms

Legal companies offer a wide range of legal services, including consultations, document preparation, and court representation. Consultations can be conducted online or in person.

 

Online platforms

Justiva: A platform where you can ask a legal question and receive free consultation from multiple lawyers. Answers to previously asked questions are also available, which can help solve similar problems.

Sworn translation: In the Czech Republic, official document translations are performed by sworn translators appointed by the Ministry of Justice. Such translations are recognized by state authorities and have legal force.

 

Requirements for sworn translation:

Seal and signature of the translator: The translation must contain a certification inscription and an imprint of a round seal with a state emblem, confirming the translation's correspondence to the original.

Binding with the original or certified copy: The translation is bound with the original document or its notarized copy to prevent page substitution.

 

Additional requirements

Apostille or legalization: If the document is issued outside the Czech Republic, it may need to be apostilled or consular legalized before translation.

Translation into Czech: All official documents submitted to Czech institutions must be translated into the Czech language.

 

Use of the translation outside the Czech Republic

If a sworn translation performed in the Czech Republic is intended for use in another country, it may require additional legalization or apostille.

Structure of the judicial system

 

The judicial system of the Czech Republic consists of several levels:

 

Constitutional Court: Reviews the constitutionality of laws and protects the fundamental rights and freedoms of citizens. It consists of 15 judges appointed by the President with the Senate's consent for a 10-year term.

Supreme Court: Serves as the highest instance for civil and criminal cases, ensuring uniformity of judicial practice.

Supreme Administrative Court: Reviews administrative disputes and ensures control over the activities of state authorities.

High courts: Located in Prague and Olomouc, they review appeals against regional court decisions.

Regional courts: Handle more complex cases in the first instance and appeals against district court decisions.

District courts: Handle most civil and criminal cases in the first instance.

 

Principles of the judicial system

Independence of courts: Courts operate independently from the executive and legislative branches, ensuring objectivity and impartiality of justice.

Publicity and openness: Judicial proceedings are generally open to the public, except in cases provided by law.

Right to a fair trial: The right to protection, representation by a lawyer, and consideration of a case within reasonable timeframes is guaranteed.

 

Features of the Judicial System

No specialized courts: In the Czech Republic, there are no military or commercial courts; all cases are heard within the general judicial system.

Two-instance system: Most cases can be appealed, providing a review of the decisions of lower courts.

The role of the Constitutional Court: It has the authority to annul laws or parts of them if they contradict the Constitution, ensuring the supremacy of constitutional norms.

Purchasing real estate in the Czech Republic is a process accessible to both citizens and foreigners. For a successful acquisition of real estate, it is recommended to follow the following instructions:

 

1. Search for the real estate.

 

2. Check the legal purity of the property.

 

3. Conclude a reservation agreement:

Contents of the agreement: The agreement specifies the terms of reservation, the deposit amount (usually 5–10% of the value), and the deadlines for signing the main contract.

Payment of the deposit: The deposit is paid into the seller’s account or held in trust with a notary/real estate agent.

 

4. Preparation and signing of the purchase agreement:

Drafting of the contract: The contract must be drafted in Czech and contain all essential terms of the deal.

Notarial certification: The signatures of the parties are certified by a notary.

Payment: The purchase amount is usually deposited into a special escrow account with a notary or lawyer until the registration of ownership is complete.

 

Registration of property ownership:

The registration process in the Czech Real Estate Cadastre usually takes about 30 days. Until registration is complete, the seller remains the formal owner of the property.

 

Additional expenses

Real estate agent services: The real estate agency commission is about 3–5% of the property value.

Notary and legal services: Notary and legal support costs depend on the complexity of the transaction and usually amount to 0.5–1% of the property value.

 

When buying real estate in the Czech Republic, it is important to consider several key legal aspects to ensure the legality and security of the transaction.

 

Verification of the real estate

Land registry: The buyer is obliged to check the real estate in the Land Registry to verify the following aspects:

Seller’s ownership right.

Presence of encumbrances, liens, legal disputes, or lease agreements.

The check can be done online via the portal nahlizenidokn.cuzk.cz.

 

Legal purity of the object: Ensure that the seller provides up-to-date documents confirming the absence of debts related to utilities, taxes, or other obligations associated with the property.

 

Legality of the seller

- Ensure that the seller is the actual owner of the real estate.

- If the seller is a legal entity, it is important to verify its registration and the authority of the person signing the contract.

 

Notarial certification: Signatures on the contract must be notarized.

 

Use of an escrow account

To ensure transaction security, it is recommended to use an escrow account with a notary, lawyer, or bank: The buyer transfers the transaction amount to the escrow account, and the funds are released to the seller only after the registration of ownership is complete.

 

Encumbrances and liens

If the property has encumbrances such as a mortgage, they must be removed before the transaction registration. This can include:

- The seller repaying the lien before transferring the ownership right.

- Agreement with the creditor on the terms of mortgage debt repayment.

 

Payment of taxes

- The property acquisition tax was abolished in the Czech Republic from 2020.

- The buyer is only required to pay an annual property tax, calculated based on the cadastral value of the property.

 

Participation of a lawyer

It is recommended to engage a qualified lawyer for:

- Reviewing the purchase agreement.

- Consulting on the legal aspects of the transaction.

- Representing the buyer’s interests in negotiations and registration procedures.

 

Foreigners and purchasing real estate

In the Czech Republic, foreign citizens have the right to purchase real estate without restrictions. Exceptions apply to agricultural and forest lands, where there may be additional requirements or restrictions.

 

Rent or Encumbrance after Purchase

If the property is leased, new owners are required to comply with the terms of existing lease agreements. Ensure that lease agreements are reviewed before signing the purchase agreement.

Guardianship

Appointment of a Guardian: If a child's parents are absent, deprived of parental rights, or unable to fulfill their duties, the court appoints a guardian. The guardian performs parental functions, providing upbringing and protection for the child.

Requirements for Guardians: A guardian can be an able-bodied person with the necessary moral qualities and capable of ensuring the child's well-being. The court considers the personal characteristics and moral qualities of the candidates.

Rights and Responsibilities of the Guardian: The guardian is responsible for the upbringing, education, and health of the child, as well as managing the child’s property in the interest of the ward.

 

Custodianship

Temporary form of care: Custodianship is provided when a child cannot be with the parents, but adoption is impractical or impossible. Custodians provide upbringing and care for the child until the child can return to the parents or is adopted.

Government Support: Custodians receive government support, including financial assistance and professional consultations.

 

Adoption

Purpose of Adoption: Adoption establishes permanent parental relationships between the adopter and the child, similar to biological ones. After adoption, the child acquires the same rights and obligations as a biological child of the adopter.

Requirements for Adopters

Age and Capacity: An adopter can be an adult capable citizen who can ensure the child's well-being.

Age Difference: There should be at least a 16-year age difference between the adopter and the child.

Moral Qualities: The court evaluates the personal characteristics and moral qualities of the candidates.

 

Adoption Procedure: The candidate submits an application to the court with the necessary documents. Social services assess the candidate's living conditions and ability to care for the child. The court makes a decision on adoption, considering the child’s interests.

Adoption of Adults: Since 2014, the possibility of adopting adults has been reinstated in the Czech Republic, allowing, for example, the legalization of relationships between stepfather and stepson.

 

International Adoption

Cooperation with Foreign States: Czechia participates in international agreements regulating the adoption of children by foreign nationals, ensuring the protection of the child’s rights.

Procedure: Foreign nationals wishing to adopt a child from Czechia must meet the requirements of Czech legislation and provide the necessary documents, including confirmation of their suitability to be adopters.

 

Changes in Legislation: In January 2025, changes to the Civil Code in Czechia will come into effect, aimed at simplifying divorce and guardianship procedures, which may affect child care processes.