Cross-border recognition of divorce judgments within the European Union often requires additional formal documents issued by the court. One of the most important of these documents is the certificate commonly referred to as Certificate art. 39 or Certificate art. 36. This certificate confirms key details of a divorce judgment and enables its registration and recognition in another EU Member State.
Table of contents – read more about:
- Form 42 divorce
- D180 form
- How to fill in Article 39
- Article 39 uk
- How to get Form 42
- How to register a Polish divorce abroad
- Form 42
- How to file recognition of foreign divorce?
- Article 37 2 divorce
- Cross-border divorce within the EU
- The brussels II Regulation
- Recognition of judgments in matrimonial matters
- How to get Form 42 step by step
- How to get Form D180 step by step
- How to get certicate art. 39 step by step
- Registration of a foreign divorce
- Registration of a Polish divorce
Obtaining a Certificate art. 39
Mr. António, a citizen of Portugal, called our office. He got divorced in Poland a few years ago and wanted to register his Polish divorce in Portugal. In order to do so, he needed the certificate referred to in article 39. He wanted our help with obtaining such a certificate.
He wanted to know:
- how can he get that certificate?
- how long does it take?
- is it possible to get this certificate in Portuguese?
What is a Certificate art. 39?
It is a standardized EU legal document, the aim of which is to certify details about divorces (or other judgments in matrimonial matters, such as separation). It contains (among other things) information on the date of the judgment, whether an appeal has been lodged, and its finality. It is an official form issued by a court, crucial for cross-border family law.
How can I get a Certificate art. 39?
If you need to obtain this certificate, you should write an appropriate application and submit it to the court that issued the judgment. You can submit your application by post.
What should such an application contain?
The application should include:
• the place and date,
• the court’s details,
• the parties’ details,
• the case reference number,
• the date of the divorce decree,
• a request for the certificate to be issued and delivered,
• information on the language in which the application is to be written.
Certificates are issued in all languages of the European Union.
How much does it cost and how long does it take to receive Cerificate art. 39?
The fee for submitting the application is PLN 20. It takes the courts approximately 2-3 weeks to issue the certificate.
If you wish, our law firm can obtain such a certificate for you.
How this cerificate is actually named?
This may seem like a very basic and easy question, but it is a little bit complicated. That is because it exists under many names.
Different names for this certificate:
- in many European Union countries it is known as Form 42,
- in the UK it is known as Form D180,
- it is also known as Certificate art. 36 or Certificate art. 39.
The full version of its name is really long and may seem a little bit overwhelming, so it is not used that often.
The full version is:
the certificate referred to in Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 (I) concerning judgments in matrimonial matters
or
the certificate referred to in Article 36 of Council Regulation (EU) No 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction.
Whats the difference between certificate art. 39 and art. 36?
It is the same document, but the possibility of issuing it is based on two different legal grounds. There are two different Council Regulations:
- Council Regulation (EU) 2019/1111 (Brussels II ter Regulation),
- Council Regulation (EC) No 2201/2003 (Brussels II bis Regulation).
The first one is the newest one, it replaced the second one on August 1, 2022.
The new regulation applies only to legal proceedings commenced or judicial documents issued after 1 August 2022.
The second, older regulation (Brussels II bis) continues to apply, but to judgments and documents issued before 1 August 2022.
To sum up, if you were divorced after 1 August 2022, your certificate will be called certificate art. 36. If you were divorced before 1 August 2022, your certificate willl be called certificate art. 39.
PLEASE NOTE The Brussels II ter Regulation applies to relations between all Member States of the European Union except Denmark. That means that if you want to register your divorce in Denmark, your certificate will be called certificate art. 39 regardless of when it was issued.
