FAMILY AND INHERITANCE LAW

Divorce lawyer in České Budějovice

We guide you through divorce, arrangements for the care of your children and maintenance, and the settlement of marital property. We also help with inheritance proceedings, wills and disputes between heirs. We prefer agreement; where it is not possible, we represent you before the court and the notary.

Book a divorce consultation Discuss your family situation

HOW WE CAN HELP

Divorce, children, property and inheritance: the situations we handle most often

Every family matter has its legal framework, but it is decided by people and their relationships. That is why we first look for an agreement that will hold for years to come, and only then turn to the court. When court is necessary, we come prepared: in a maintenance case we succeeded before the Constitutional Court.

Divorce

We prepare the divorce petition and the agreements the court needs: on the care of the children, property and housing. If you and your spouse cannot agree, we represent you in contested proceedings and keep track of deadlines and evidence.

Care of children and maintenance

We propose how each of you will care for the child after separation: either care by both parents without a fixed allocation, or a defined scope of care for each parent, and where needed also indirect contact and information about the child. We calculate maintenance according to the child's needs and both parents' means and prepare petitions to increase or reduce it. We also handle maintenance for adult children and between spouses.

Settlement of marital property

We draft the settlement agreement for community property, including real estate, mortgages and businesses, or file a claim for a court settlement. We watch the three-year deadline after divorce and the crediting of what each spouse contributed to the joint property.

Inheritance and wills

We represent you in probate proceedings before the notary, draft wills and deeds of disinheritance and advise on crediting gifts against an inheritance share. An inheritance agreement must take the form of a notarial deed: we prepare the documents and its content and guide you through it in cooperation with the notary. Disputes between heirs we resolve by agreement and, where that fails, in court.

Book a divorce consultation Case: child maintenance (in Czech)

HOW WE WORK TOGETHER

First contact and next steps

Write or call us and describe in a few sentences what you are dealing with and whether a deadline is running. Our reception will offer you a consultation with a lawyer who specialises in family and inheritance law.

At the first meeting we go through your situation, existing agreements and court decisions. We tell you what your options are, what can be resolved by agreement and where we recommend going to court. We agree the scope of representation and the fee in advance, according to the nature of the matter.

We then prepare the necessary documents and petitions, negotiate with the other party and represent you before the court or the notary. We keep you informed at every step, and the important decisions are always yours.

Analysis

we review your situation, documents and the prospects of agreement

Strategy

we propose the procedure, documents and how to deal with the other party

Implementation

filings with the court or notary, negotiation of agreements, representation at hearings

Evaluation

monitoring compliance with agreements and decisions, adjusting arrangements when circumstances change

BEFORE THE CONSULTATION

What to prepare for the consultation

Divorce and children

Marriage certificate, the children's birth certificates, existing agreements or judgments on the care of the children and maintenance, and an overview of income and child-related expenses.

Property and housing

Land Registry extract, purchase and loan agreements, an overview of accounts, businesses and debts. A prenuptial agreement, if there is one.

Inheritance

Death certificate, the will or inheritance agreement, the notary's summons, an overview of the deceased's assets and debts and information on gifts made during their lifetime.

None of this is a precondition. If you do not have the documents, we will advise you where to obtain them and start with what you have at hand.

FREQUENTLY ASKED QUESTIONS

Practical questions about divorce and inheritance

Do we have to agree on everything before the divorce?

No. The court can dissolve the marriage even without an agreement if it has broken down. An agreement on the children, property and housing, however, simplifies and shortens the proceedings. If you have minor children, their arrangements must be settled before the court grants the divorce.

How is child maintenance determined?

According to the justified needs of the child and the financial circumstances and means of both parents; the court also takes into account who personally cares for the child. The Ministry of Justice's recommended tables serve as guidance and are not binding. If circumstances change, maintenance can be increased or reduced.

What happens to the house and the mortgage after divorce?

Joint property and joint debts are settled by agreement or by a court decision. The mortgage remains an obligation to the bank under the loan agreement, so the takeover of the loan by one spouse is dealt with together with the bank at the same time as the settlement. If no settlement is reached within three years of the divorce, statutory rules determine who gets what.

Do I need a lawyer for a divorce or probate proceedings?

Legal representation is not mandatory. It pays off where children, real estate or a business are involved, and where the other party is represented. In probate proceedings we represent you at hearings before the notary and in disputes over the validity of a will or the size of an inheritance share.

How much does a divorce lawyer cost?

We agree the fee in advance according to the nature and scope of the matter. At the first consultation we tell you the expected scope of work and how the fee is calculated. Selected services, such as preparing divorce agreements, are also available at a fixed price in our online legal service.

Is a gift made during the deceased's lifetime credited against the inheritance share?

It can be. The law allows gifts an heir received from the deceased during their lifetime to be credited against their forced or inheritance share. The conditions differ depending on whether the heir is a forced heir and whether the deceased ordered the crediting. We explain this in detail in our article on crediting gifts against an inheritance share below.