International family and matrimonial property disputes

 

A family dispute can have a profound impact not only on personal relationships and child care, but also on property ownership, shareholdings in companies, investments, family businesses and the long-term protection of private assets. Furthermore, if a family, its members or its assets are involved in multiple countries simultaneously, resolving such disputes requires not only knowledge of family law but also experience with complex disputes and cross-border legal issues.

 

At BADOKH, we represent clients in family and matrimonial property disputes in the Czech Republic, as well as in cases with an international element.

 

BADOKH partner Markéta Mlčkovský Millerová is a member of the International Academy of Family Lawyers and the advisory section on family law at the Czech Bar Association (ČAK).

 

We do not treat individual proceedings in isolation. We assess how they interrelate and prepare a coordinated strategy for court proceedings, negotiations and the protection of family and private assets.

 

In doing so, we take into account the impact of a decision in one proceeding on other ongoing or anticipated disputes, the scope of the evidence required, the sensitivity of financial and personal information, and the possibilities for an overall amicable settlement. Our aim is to achieve a solution that serves the client’s long-term personal, family and property interests.

 

A unified strategy for family and property disputes

 

The breakdown of a marriage or partnership often gives rise to several concurrent or subsequent proceedings. In addition to divorce, these may include child custody, maintenance, the division of joint marital property, disputes over ownership of property or shares in companies, the protection of family businesses, or the recognition and enforcement of foreign judgments.

 

We therefore draw up a short- and medium-term strategic plan for the client, setting out priorities, the approach to evidence and the relationship between the various proceedings. The strategy may also include establishing temporary arrangements for child care, housing, the use of assets and payments until an agreement is reached or a final decision is made.

 

We pay particular attention to identifying and documenting assets, income and cash flows. Before submitting sensitive information, we assess not only its relevance to a specific proceeding, but also the possibility of its use in proceedings concerning the division of joint marital property, maintenance or other related property disputes.

 

International family disputes

 

In cross-border cases, we determine which court has jurisdiction, which law applies and what effect decisions issued in another country have. Depending on the circumstances, we also coordinate our approach with foreign legal advisers.

 

We have experience with cases in which child custody, maintenance, property settlement or other family matters are being dealt with in parallel in the Czech Republic and abroad. We also represent clients in urgent return proceedings under the Hague Convention, which require a swift assessment of the child’s habitual residence, the content of parental agreements, the exercise of parental responsibility, and the relationship between Czech and foreign decisions.

 

International disputes concerning children and relocation

 

In proceedings concerning children, we place emphasis on their best interests and the protection of family life. At the same time, we strive for solutions that are practical in the long term, respect the child’s ties to both parents, and can be effectively implemented in everyday life.

 

In international disputes, we take into account Czech, European and international law, as well as the case law of the European Court of Human Rights and the Court of Justice of the European Union concerning parental responsibility, the child’s habitual residence, cross-border relocation and the protection of fundamental rights.

 

We also have experience with urgent return proceedings under the Hague Convention in cases of the wrongful removal or retention of a child abroad. These proceedings require a swift assessment of the child’s habitual residence, the content of parental agreements, the actual exercise of parental responsibility, and the relationship between Czech and foreign decisions.

 

Division of joint marital property and protection of family assets

 

In divorces involving significant assets, family and corporate matters often overlap. The division of the spouses’ joint property may include not only property and financial assets, but also business shares, investment portfolios, receivables, overseas assets or digital assets.

 

In such cases, we combine our expertise in family law with BADOKH’s long-standing experience in litigation, corporate law, transactions and asset structuring. We assess the ownership structure, the origin of the assets, their valuation and cash flows, as well as the potential impact of the dispute on the business or other family members.
In more complex cases, we collaborate as required with tax, accounting, valuation and international advisers to ensure that legal, financial and asset-related issues are addressed comprehensively and in a coordinated manner.

 

Settlement or litigation

 

We always assess whether personal, parental and property matters can be resolved through a comprehensive settlement. A well-prepared amicable settlement can limit costs, protect the family’s privacy and prevent the conflict from escalating in the long term.

 

Where a settlement is not possible or would not provide sufficient protection, we represent clients in complex court proceedings, appeal proceedings and cross-border proceedings. BADOKH’s experience in major commercial and property disputes enables us to effectively handle family disputes involving high-value claims, complex evidence or significant implications for the client’s business and private assets.

 

We focus in particular on:

• divorces and international divorces, including cases where spouses reside in different countries or their assets are located across multiple jurisdictions,
• complex and high-value disputes between spouses, including the division of joint marital property and related ownership disputes, covering assets linked to one spouse’s business, investments, financial portfolios and digital assets,
• the identification and documentation of assets, income and cash flows, and the preparation of an evidential strategy, particularly where information submitted in proceedings concerning the division of joint marital property may affect maintenance proceedings or other related claims,
• maintenance for children, between spouses and between former spouses, including the cross-border determination, recognition and enforcement of maintenance obligations,
• cross-border family and property disputes, including the determination of international jurisdiction, applicable law, and the recognition and enforcement of foreign judgments,
• international disputes concerning children, including the wrongful removal or retention of a child and return proceedings under the Hague Convention,
• disputes concerning the care of children, their place of residence and relocation, including the strategic coordination of Czech and foreign proceedings,
• prenuptial and marital agreements and other contractual arrangements governing the matrimonial property regime, particularly for families with substantial or internationally structured assets;
• inheritance and disputes concerning family property.