Can infidelity be a reason for divorce?

According to Section 23, Paragraph 1 of Act No. 36/2005 Coll. on the Family: “The court may divorce a marriage upon the proposal of either spouse if the relations between the spouses are so seriously disrupted and permanently broken that the marriage can no longer fulfill its purpose and the restoration of matrimonial cohabitation cannot be expected from the spouses.”

According to Section 18 of the Family Act: “Spouses are equal in rights and obligations within a marriage. They are obliged to live together, to be faithful to each other, to mutually respect each other’s dignity, to help each other, to care for children together, and to create a healthy family environment.”

In a divorce case, the court examines whether the breakdown of the marriage is such that the restoration of matrimonial cohabitation cannot be expected, and in doing so, it considers the causes that led to the serious breakdown of the marriage. The court therefore examines the overall breakdown of the marriage, which may occur for entirely different reasons than infidelity or from a combination of several reasons.