Exemption from court fees for divorce

The court fee for filing a petition for divorce is €100 (or €50 if filed electronically). The possibility of an individual exemption is granted by Act No. 160/2015 Coll. the Civil Dispute Procedure Code.

In addition to this act, the exemption from court fees is also regulated by Act No. 71/1992 Coll. on Court Fees and on the Fee for an Extract from the Criminal Record. In the sense of Section 4 (1), divorce proceedings do not belong among the proceedings that are automatically exempt from court fees by law. In Section 4 (2), this act lists specific categories of persons who are entirely exempt from court fees by virtue of their status. However, the aforementioned statutory provision does not exempt a natural person from the fee solely on the grounds of receiving a disability pension or holding a ZŤP status.

Since you do not meet any of the criteria for an automatic statutory exemption under Act No. 71/1992 Coll., you can petition the court for an individual case-by-case exemption from court fees pursuant to Section 254 (1) of 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.”

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/disability, declaration of assets, etc.).

As the Resolution of the Supreme Court of the Czech Republic, Case File No. 22 Cdo 648/2017 explains: “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.”

It is important to note that in the sense of Section 254 (2) of Act No. 160/2015 Coll.: “The court shall revoke the granted exemption from the court fee at any time during the proceedings, even with retroactive effect, if it is proven before the final and effective conclusion of the proceedings that the circumstances of the party do not or did not justify the exemption from the court fee.”