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It is necessary to divide property acquired during the marriage. An ex-husband may be obliged to pay alimony.
People can also live together as cohabiters. The children born out of wedlock enjoy the same rights as legitimate ones.
In the Czech Republic, the divorce may be granted if the marriage has been so deeply and permanently broken down that
no restoring of matrimonial cohabiting may be expected. The divorce cannot be granted if inconsistent with children’s
interests.
The divorce will be granted if the marriage lasts for one year and the spouses agreed on the divorce and don’t cohabit for six
months. If there isn’t an agreement, three years of no cohabiting is enough.
12 – CIVIL PROCEDURE
CIVIL PROCEDURE
The English procedure is reminiscent of a duel, the civil law procedure is inquisitorial.
The procedure starts when someone brings a civil action against someone. It is called filing a complaint. Complaint together
with the writ of summons is then served on the defendant. The defendant confirms by filing an acknowledgement of service
and is required to serve a defense. The defendant may also file a counterclaim. If not, the plaintiff wins by default. The
plaintiff files a reply as an answer to the counterclaim. All these documents are called pleadings. At this phase, an out-of-
court settlement may be reached.
The trial starts with opening and ends with closing statements. Between there are cross-examinations of the witnesses
and presenting evidence. The burden of proof lies with the plaintiff. If there is no appeal, the trial ends by making a
judgement followed by enforcement.