Martina Wošová, attorney at law
Specialization in complex international cases, cross-border family law, parental abduction, and domestic violence
International
law
Experience in matters involving an international element. Divorces of international marriages, regulation of the relations of minor children of parents of different nationalities, cases taking place in multiple countries, both in the European Union (Sweden, Hungary, Slovakia, Spain) and in countries outside the EU or outside Europe (Canada, UK, USA, Brazil, Nepal, Republic of Indonesia).
International
abduction
Situations where a minor child is wrongfully removed to or retained in another state. The main principles of further action are primarily regulated by the Convention on the Civil Aspects of International Child Abduction (Hague Convention signed in The Hague on 26 October 1980, ratified in the Czech Republic and published by Notification of the Ministry of Foreign Affairs No. 34/1998 Coll.). Experience with the unauthorized removal of minors to/from Sweden, Brazil, Croatia, United Kingdom, USA, Spain, France.
Family
law
I can cope with conflicts and the emotions of both my clients and the counterparties. I strive to provide support for the most effective and, if possible, amicable solution to my clients’ family affairs. I also provide services to parents of children with specific needs (such as autism spectrum disorders). I cooperate with organizations supporting families in crisis, mediators, therapists, organizations for protection against sexual and domestic violence.
Protection
of the individual
Invasion of privacy, harm to reputation and dignity, misuse of image, misuse of names or misuse of personal data are issues faced by both individuals and companies. An immediate refrain from such infringements may be sought by means of an injunctive relief. A mediation procedure can be used to find an amicable solution and, where it fails, it is possible to seek an action for the protection of the individual in combination with claims for damages, adequate satisfaction or unjust enrichment.
Protection of the reputation and name of a legal entity
The protection of the reputation and name of legal entities has recently been strengthened by the ruling of the Plenum of the Constitutional Court (Pl. ÚS 26/24) of 15 January 2025, according to which legal entities also have the right to claim compensation for non-pecuniary harm caused by damage to their reputation.
Litigations
A large part of my agenda consists of defending the rights of my clients in court proceedings. If agreed between the parties, it is also possible to represent the client in arbitration proceedings, where the advantages of such proceedings include speed and confidentiality. Arbitration proceedings may also be conducted online.
Unfair
competition
A situation where a competitor comes into conflict with good competition morals in economic relations through conduct capable of causing harm to other competitors or customers. Unfair competition is prohibited. Often, persons are also protected from such conduct by the institute of protection of the individual. If you are threatened by such conduct of another entity, I will provide you with legal assistance.
Damage
claims
I provide legal support in claiming damages (both material and non-pecuniary) in private law relationships. I will assist you in asserting your claim against the state pursuant to Act No. 82/1998 Coll. on Liability for Damage Caused in the Exercise of Public Authority by a Decision or Maladministration.
Contracts
I will help with the drafting and review of contractual documents, as well as with the negotiation of the contract terms with the counterparty.
About me
I have been an attorney at law since 2012.
In my law practice, I have provided comprehensive legal services to companies, participated in financing arrangements for client projects, attended numerous meetings with clients’ business partners locally and abroad, communicated changes to the statutory affairs of such entities, prepared and reviewed contractual and other legal documentation in Czech, English and German, represented natural and legal persons in court and arbitration proceedings and assisted with the origination of large-scale investments in large enterprises.
Since 2021, I have been specializing in international law cases – cases running in parallel in multiple countries.
Over the past 5 years, family law has become my passion. I can cope with conflicts and the emotions of both my clients and the counterparties. I cooperate with organizations supporting families in crisis, mediators, therapists, organizations for protection against sexual and domestic violence.
Currently, I mostly deal with situations of clients and their minor children where a foreign element is involved (USA, Brazil, Croatia, United Kingdom, Sweden, Switzerland, Nepal, etc.). I work with return procedures under the Convention on the Civil Aspects of International Child Abduction, signed in The Hague on 25 October 1980, ratified and published in the Czech Republic by Notification No. 34/1998 Coll. I am experienced in dealing with divorce procedures with a cross-border dimension.
As a pro bono initiative, I am available as an attorney at the Legal Aid Line of Our Child Foundation, where you can find us, attorneys at law, every Wednesday from 2:00 p.m. to 6:00 p.m.
Are you dealing with an international divorce or separation, or the custody of minors?
In cases of international divorce (divorce with a cross-border element), the first and essential step is to correctly determine the country:
- jurisdiction; and
- applicable law.
Jurisdiction determines which country’s courts and authorities can hear the case.
The applicable law then determines which country’s law will be used to hear the case.
In international divorce cases, jurisdiction and applicable law must be assessed in all of the following areas:
- exercise of parental responsibility,
- divorce,
- joint property of spouses; and
- maintenance obligations:
- towards a minor;
- towards a spouse; or
- towards a former spouse (any claims between former spouses after divorce)
For more information on the INTERNATIONAL JURISDICTION OF COURTS and APPLICABLE LAW in INTERNATIONAL DIVORCE, see my article section.