Divorce petition – price and fees

The court fee for filing a petition for divorce is €100. You can pay it with a stamp duty sticker (kolková známka) affixed to the original copy, or in cash directly at the cash registry of the relevant court. If you file the petition electronically, the court fee is €50. If you write the petition yourself, you will not pay anything else besides the court fee; however, it is always better to have a divorce petition drafted by an attorney. Depending on the complexity of the matter, the price for a divorce petition drafted by a professional can range upwards from €300.

In certain justified cases, it is possible to request an exemption from paying the court fee. In the sense of Section 254 (1) of Act No. 160/2015 Coll. the Civil Dispute Procedure Code: “Upon a petition, the court shall grant an exemption from the court fee if justified by the circumstances of the party.”

In the sense of the Resolution of the Supreme Court of the Czech Republic, Case File No. 22 Cdo 648/2017: “The essence of exemption from court fees is to ensure the applicant’s access to the court and the protection of their rights even under conditions of a burdensome material and social situation in an individual matter and with regard to the specific right being asserted.” The law does not stipulate exactly how the circumstances of the parties are to be proven; however, based on judicial practice, these circumstances are proven through written documents regarding financial, social, earning, health, and other conditions (income confirmation, confirmation of the amount of assets, confirmation of health status, declaration of assets, etc.).

Persons who are exempt from the fee obligation are listed in Section 4 (2) of Act No. 71/1992 Coll. on Court Fees and on the Fee for an Extract from the Criminal Record. This act also establishes the specific cases where an exemption from paying court fees occurs by operation of law. A template form for requesting an exemption from court fees along with instructions can be found on the website of the Ministry of Justice of the Slovak Republic.

The total cost of a divorce depends mainly on whether you choose to be represented by an attorney or represent yourself. The amount of costs in the case of legal representation varies and mostly depends on the mutual agreement, the specificity of the divorce, and the number of legal acts performed.

During the proceedings, no other expenses should normally arise for you, unless it becomes necessary to summon an expert witness to the hearing. An expert witness plays a significant role in the process of taking evidence, defending the rights and best interests of the child; therefore, their participation in a hearing regarding a dispute over entrusting a child to personal care is often necessary. Summoning an expert witness frequently increases the expenses by an additional €100 – €200.

Where can I buy a stamp duty for a divorce?

You can purchase a stamp duty sticker to pay the court fee for a divorce at a post office. Stamp duties are commonly available at post offices, and you select their value according to the amount of the fee. Pursuant to Item 7 letter a) of the Schedule of Court Fees, which forms an annex to Act No. 71/1992 Coll. on Court Fees and on the Fee for an Extract from the Criminal Record, a court fee of €100 is paid for filing a petition to initiate proceedings for the divorce of a marriage. Alternatively, the court fee can also be paid directly at the court in cash or electronically through the eKolok portal.