Uncontested vs. Contested Divorce: Which Is Faster, Cheaper, and Less Painful

When a marriage is falling apart, most people mainly want it to be over. Quickly, without further wounds and with as little damage as possible. That is why almost every first meeting starts with the same question: "Can we do this by agreement, or will it be contested?"

It depends on what you are able to agree on. Since January 2026, a reform of Czech family law has been in force that changed both types of divorce. For an overview of all the changes, see What changed in Czech family law in January 2026. Here we look at what it means for your choice.

¶ Agreed divorce: when you reach an agreement

The former "uncontested divorce" has been replaced by the agreed divorce (smluvený rozvod). The requirement that the spouses must have lived apart for at least six months no longer applies.

For an agreed divorce, the following must be true:

• The marriage has lasted at least one year on the date the petition is filed.
• Children: if you have a minor child, you have agreed on their care and on child support for the period after the divorce, and the court has approved that agreement. The court assesses the agreement by reference to the child's best interests, not merely the fact that you both signed it.
• Property and housing: you have a written agreement on the division of property and on housing, and where relevant on maintenance between the two of you. The signatures must be officially certified.

The court fee for an agreed divorce is CZK 2,000 (roughly EUR 80). If the agreements are complete and the court has no reservations about the care arrangements, the proceedings tend to be short.

The main advantage: the court does not look into why the marriage broke down. A matching statement from both spouses that the marriage has broken down and that they want a divorce is enough. There is no need to accuse each other in front of strangers.

¶ Contested divorce: when agreement is not possible

Sometimes agreement cannot be reached. Emotions are too strong, positions too far apart, or one spouse does not want a divorce. That is not a failure.

In a contested divorce, the court establishes whether the marriage has broken down deeply, permanently and irretrievably. As a rule, it does not examine the causes of the breakdown. The exception is where the spouse who did not file the petition argues that they were not mainly responsible for the breakdown, that the divorce would cause them particularly serious harm and that exceptional circumstances favour keeping the marriage. That defence does not help, however, if the spouses have been living apart for at least three years. Nor will the court grant a divorce where, for particular reasons, it would be contrary to the interests of a minor child (Section 755(2) of the Civil Code).

The court fee is CZK 5,000 (roughly EUR 200). On top of that come legal fees, which rise with the complexity of the property and of any dispute over the children.

The divorce itself can go through relatively quickly. Disputes over children and property, though, can take months or even years, and it is better to expect that from the outset.

For proceedings started before 1 January 2026, fees are governed by the previous rules.

¶ Children: divorce and care in a single proceeding

Where the spouses have a minor child, the law joins the divorce proceedings and the proceedings on arrangements for the child. The court will not dissolve the marriage until it has decided about the child. And the divorce judgment becomes final no earlier than the decision on care and child support. If one parent appeals against the care arrangement, the marriage continues until then.

For parents, this means you cannot get divorced without the children's arrangements being settled. What the court examines in care proceedings is covered in my article Child custody disputes — what parents need to know, and the child support rules in Child support after the 2026 reform.

¶ Which route is right for you

No guide can replace a consultation, but as a rough orientation:

Do you agree on the children, property and housing? Then an agreed divorce is faster, cheaper and gentler. Bear in mind that the property agreement must have officially certified signatures.

You agree on the children but not on property? Try mediation or negotiation through lawyers. If you manage to reach an agreement, an agreed divorce is still an option. The agreement does not have to be "fair" in an absolute sense. It has to be one you can both live with.

You agree on almost nothing? Then contested proceedings lie ahead. Even so, it is worth looking for partial agreements. Every point settled shortens the proceedings and lowers the costs.

¶ Mediation

Mediation is neither therapy nor surrender. It is a guided conversation with a neutral intermediary, aimed at a solution both sides can live with. It helps most where parents want a good outcome for their child but cannot agree on what it should look like.

The court can recommend mediation and can order a first meeting with a registered mediator lasting three hours. It may not order it, however, while an interim measure against domestic violence is in force or while criminal proceedings are under way, for example for abuse or dangerous threats against the other spouse. Mediation has no place where there is violence. More in Domestic violence and the law.

My colleague Jan has written a more general piece on when to go to court and when to mediate. The same logic applies to family disputes, just with a higher emotional charge.

¶ There is no "better" divorce

An agreed divorce is simpler, cheaper and faster. But only if the agreement genuinely reflects what both of you want and protects the children. An agreement one of you signed under pressure is not a good one, and it often ends up back in court.

A contested divorce is harder. Sometimes, though, it is the only way to protect yourself or your child.

If there is room for agreement, use it. If there is not, do not be afraid of contested proceedings; just do not go into them unprepared.