International divorce, international jurisdiction of courts of other states, applicable law in cross-border cases (cases with an element in more than one state – jurisdiction)

Mgr. Martina WOŠOVÁ, attorney-at-law

29th of September 2025

Chapters:

1. International jurisdiction and applicable law and why it is good to know these determiners
2. Areas of international divorce
3. System of application of legal standards
4. Lawyer’s procedure in an international divorce

1. International jurisdiction and applicable law and why it is good to know these determiners

Across the European Union and around the world, there has been a significant increase in the number of people moving across borders to study, work or start a family abroad. This leads to an increasing number of international couples, marriages, registered partnerships and cross-border situations. The people involved need to be informed about their rights and obligations, especially in relation to their children, property, partnership or marriage.

They need to be informed about how to regulate and administer their relationship if they want to start a family, get married and, of course, get divorced or separated.
In cases of international divorce (divorce with a cross-border element), the first and necessary step is the correct determination of the country of

• jurisdiction; and
• applicable law.

Jurisdiction determines the courts and authorities of a particular country that can hear the case.
The applicable law is the law under which the case is to be heard.

Determining both aspects at the early stage of the matter is extremely important. Knowledge of jurisdiction and applicable law also helps in the preparation of conciliation documents, in which the parties may also choose the legal regime of a state that is more favourable and respectful for the regulation of their relations.

In disputes, knowledge of the two factors can help determine the strategy of further action – is it necessary to hurry up and initiate proceedings before the other party does so in the jurisdiction of another state? Or, does time play no role in making the decision, giving the parties more room to negotiate amicably?

Moreover, these two aspects do not have to go hand in hand. This means that it is quite possible, for example, for a Czech court to decide on a divorce applying the law of another country.

2. Areas of international divorce

But there is more. For example, in an international divorce, jurisdiction and applicable law must be assessed in all of the following areas:

• exercise of parental responsibility;
• divorce;
• joint property of the spouses; and
• maintenance obligations
• • to a minor child;
  • to the spouse; or
  • ex-spouse (any claims between the ex-spouses after divorce).

Only after the above factors are correctly determined the attorney can provide the client with relevant recommendations on how to proceed in his or her case.

3. System of application of legal standards

Each country has its own unique set of rules in the field of private international law. In the Czech Republic, the general basis for determining the international jurisdiction of Czech courts is Act No. 91/2012 Coll. on Private International Law. Before applying the provisions of the said Act, priority is given to the provisions of bilateral or multilateral international treaties or provisions of European law, in particular European Union regulations:

• For example, parental responsibility is harmonised by Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, and on international child abduction (Brussels IIb Regulation)(1), as well as the rules of international jurisdiction for divorce are.
• Maintenance (of children, spouse, ex-spouse) is regulated by Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters of maintenance obligations (2).
• The international jurisdiction of courts in the settlement of property relations must be assessed in accordance with Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the field of jurisdiction, applicable law and recognition and enforcement of decisions in matters of matrimonial property regimes (3).
• The applicable law in the area of parental responsibility is to be subject to the benchmark of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Matters of Parental Responsibility and Measures for the Protection of Children (4).
• Also the area of maintenance is regulated by international legislation, specifically the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (5).

4. Lawyer´s procedure in an international divorce

As far as the duties of an attorney are concerned, it is essential that the attorney goes through all the details with the client regarding the origination of his or her relationship, marriage or registered partnership, the birth of a minor child, the current living situation of the whole family and, among other things, the acquisition of property in place and time and in different jurisdictions.

In particular (however not exclusively), if the family has a minor child living in the Czech Republic, it is very common that the factor of jurisdiction of Czech courts will be met. At the same time, however, it is possible that the law of another state will have to be applied to the client’s case.

Do you need legal assistance in your cross-border case?

I have experience with divorces of spouses, arrangement of relations with minor children, property of spouses or alimony in matters with a cross-border element both in the European Union (Sweden, Hungary, Slovakia, Spain, France) and in countries outside the EU (Canada, United Kingdom, USA, Brazil, Nepal).

(1) https://eur-lex.europa.eu/legal-content/CS/ALL/?uri=CELEX:32019R1111

(2) https://eur-lex.europa.eu/legal-content/CS/ALL/?uri=celex:32009R0004

(3) https://eur-lex.europa.eu/legal-content/CS/TXT/?uri=CELEX:32016R1103

(4) https://www.hcch.net/en/instruments/conventions/full-text/?cid=70

(5) https://www.hcch.net/en/instruments/conventions/full-text/?cid=133