What law governs divorce and property relations in case of spouses with citizenship of one state, but married and residing in another state? What is the applicable law in case of international marriage, children custody and alimony? Where should the claim be filed in these cases? These questions arose if a couple with an international element is considering ending its cohabitation. 

These issues are dealt with by several regulations and laws, and it is a quite complicated system because not every legal regulation applies to the EU or every country, so it is important to find out in advance which legal regulation will apply to your specific case.

Jurisdiction vs. Applicable Law 

Sometimes, it is surprising for my clients when they hear that regarding their case a particular country’s legislation shall be applied on their matrimonial property matters and this shall differ from the state where the divorce claim shall be filed. This is due to the rules of law determination contained in various international treaties, regulations or national laws. For example a couple marries in one country, later moves to a third state, later one spouse moves to another state. After couple of years of separation, the couple decides to divorce. In such cases, it could happen that applicable law regarding the matrimonial property may be of one state, but the actual divorce claim shall be filed in another state. It all depends on the applicable laws of each specific case.  

What Collision Law is Applicable in the Czech Republic? 

Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction is determined by the Council Regulation (EU) 2019/1111 of 25 June 2019, the so-called Brusel II ter. 

Matrimonial or registered partnership property matters are regulated by Council Regulation (EU) 2016/1103 and Council Regulation (EU) 2016/1104. 

Where appropriate, the Czech Act No. 91/2012 Coll., on Private International Law, shall apply. 

After determining the applicable law and jurisdiction, you can proceed further with your case.