The international jurisdiction of Czech courts in divorce proceedings (and also in proceedings to declare the marriage void and to determine whether a marriage exists or not) is given if at least one of the spouses is a national of the Czech Republic, or if the defendant has his/her habitual residence in the Czech Republic.

If both spouses are foreign nationals and the defendant does not have his/her habitual residence in the Czech Republic or in another Member State of the European Union, and he/she is not a national of a Member State of the European Union or is not domiciled in the United Kingdom or Ireland either, Czech courts have jurisdiction if

• both spouses had their habitual residence in the Czech Republic and the petitioner still has his/her habitual residence in the Czech Republic;
• the petitioner has his/her habitual residence in the Czech Republic and the second spouse joined the action, or
• the petitioner has his/her habitual residence in the Czech Republic and has had this habitual residence for at least one year before filing the action. (Section 47 of the Act on Private International Law)

The competence to decide on the rights to real estate that is located in the Czech Republic belongs exclusively to the Czech courts or other competent Czech public authorities (Section 68 of the Act on Private International Law). The power of the courts to hear the succession proceedings is given if, at the time of his/her death, the testator had his/her habitual residence in the Czech Republic (Section 74 of the Act on Private International Law).

As far as the matrimonial property proceedings (including the division of the spouses’ joint property after divorce) are concerned, the competent authority is the district court in whose district the spouses have or had their last residence in the Czech Republic, if at least one of the spouses still lives in the district of this court. If there is no such court, the competent authority is the court of general jurisdiction (i.e. the court in the place of residence) of the spouse who did not file the motion to commence the proceedings. If there is no such court either, the competent authority is the court of general jurisdiction of the spouse who filed the petition to initiate proceedings (Sections 373 and 383 of Act No. 292/2013 Coll. on Special Judicial Proceedings). In cases where there is no connection with divorce proceedings, the competent authority is:

• the district court of the residence of the defendant, or
• if real estate property is concerned, the district court in whose district the property is situated, or
• if the division is effected in connection with succession proceedings, the district court in whose district the succession proceedings are held (Section 88 of the Civil Procedure Code).

For all legal actions brought, judgments given and acts issued on or after 29 January 2019, regardless of the date of marriage, Council Regulation (EU) No 2016/1103 of 24 June 2016 will apply.

This Regulation provides that the competent authorities will be as follows:

- For matters relating to the matrimonial regime in the event of the death of one of the spouses, jurisdiction lies with the court competent for the succession (Art. 4).

- In matters relating to the matrimonial property regime in the event of an application for divorce, legal separation or marriage annulment, jurisdiction generally falls to the court competent to rule on the matrimonial dispute.

- In other cases, the spouses may agree that jurisdiction shall lie with the Member State whose law is applicable or with the Member State where the marriage is concluded. Such an agreement must be in writing, dated and signed by the parties. In the absence of an agreement, the courts of the Member State shall, as a general rule, have jurisdiction to settle any question relating to their matrimonial property regime other than in the event of the death of one of the spouses or a matrimonial dispute:

• of the spouses’ common habitual residence at the time the court is seised; or failing that
• of the spouses’ last habitual residence, insofar as one of them still resides there; or failing that
• of the habitual residence of the respondent; or failing that
• of the spouses’ common nationality.

With the exception of any litigation, notaries – unless they have been appointed by their Member State as a court within the meaning of Article 3.2 – are not bound by these rules of jurisdiction and may therefore act freely, for example in drafting a marriage contract or a choice of law agreement.

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