Divorcing in the Czech Republic as a foreigner: Legal Aspects of Property Settlement
Divorce is never easy, and when you are a foreigner living in the Czech Republic, it can be even more complex. In addition to navigating cultural differences, you must also deal with legal issues such as property settlement. Matrimonial property, also known as community property or marital property, refers to any property acquired after the wedding. This includes both assets and debts, and it is automatically assumed by Czech law to be community property, unless you sign a prenuptial agreement with your spouse.
If you are divorcing without a prenuptial agreement, then it can be difficult to determine what counts as marital property and what does not. For example, anything obtained by a spouse after the marriage falls under matrimonial property, with certain exceptions. Anything that satisfies the personal needs of a spouse, such as clothes or hygiene accessories, does not count as matrimonial property. In addition, anything that one of the couple inherited or was given (unless the gift or inheritance is explicitly said to belong to marital property) also does not count.
It is important to note that any profits from separate property count as matrimonial property. For instance, if your spouse separately owns a flat, any profits from the flat fall under community property. In some cases, a share in a company may also count as matrimonial property.
When it comes to debts, things can get even more complicated. Any liability that a couple takes on, such as a loan or mortgage, falls into community property. This means that even if only one spouse takes out a loan, it still counts as marital property.
During a divorce, it is usually best to reach an agreement on how to divide marital property. If you can’t come to an agreement, you can file a property settlement proposal at the court within three years of the divorce, allowing the court to determine who gets which assets or debts. The marital property is allotted to one of the ex-spouses, who must then buy off the other, divide the property or sell it and share the profits. If you don’t reach an agreement or file a proposal, the matrimonial property will be divided automatically.
Navigating these legal complexities can be difficult for anyone, but it is especially daunting for foreigners living in the Czech Republic. That is why it is important to choose a specialized divorce lawyer who can help you understand your legal rights and options. If you need a divorce lawyer who speaks English and has more than 12 years of experience in divorce law, look no further than Mgr. Jan Kubica. His law office is located in Prague, and he can be reached at Telephone: 00420 730 570 578 or E-mail: firstname.lastname@example.org., web: ak-kubica.cz. Don’t hesitate to contact him if you need help with your divorce proceedings.