In the modern lifestyle occur situations when even ordinary family life can be influenced by a foreign element, i.e. international element which influences the legal status of the involved parties. Speaking about international family law it is necessary pay attention especially to relations between the spouses, both their status (e.g. marriage, divorce) and their property (regulation of rights and obligations before marriage and settlement of property after divorce, eventually alimony) matters, and also parenthood, relations with children and rights and obligations of such child in general (especially determination or denial of paternity, eventually parenthood, custody and maintenance, eventually other matters regarding the child according to the relevant law).
The people entering in this type of interpersonal relationships often does not realize the legal consequences of the presence of foreign element in their relationships. The foreign element can influence both jurisdiction (at court of which country will the proceeding take place) and governing law (the applicable law according to which the case will be decided). It is common in practice that different matters (e.g. property relations of parents, adjustment of custody or divorce) can be decided by courts located in different countries according to different law, even if concerning the same family (same parties).
Compared to the obligations the option to choose the governing law and jurisdiction for future disputes is limited. It is recommended especially in property relations between partners or spouses as well as in cases of adjustment of alimony between ex-spouses or ex-partners, but it is necessary to always consider if this option is not excluded.
Regarding international relationships and related rights and obligations, the collision of the Czech, the European and the international law might occur. On the level of the European law is, the majority of these matters are regulated by respective regulations or directives. In case of collision of the European law and an international agreement effective in the Czech republic, the identification of the governing law and jurisdiction for the case at hand is rather complex and requires individual addressment with respect to the applicable international agreements and the European law. That is why it is convenient to determine the governing law and jurisdiction in an agreement between concerned parties.
The overview below id focused of the European and Czech regulation of the family law however each case must be addressed individually because factual circumstances such as the last common residence can play a vital role in the relevant case.
Divorce can be divided into four main areas: