Today’s article is about divorce in Poland. If you are interested in this topic, please read on.
Table of contents – read more about:
- Is separation prior to divorce required?
- How to get divorce in Poland?
- When will a court grant a divorce?
- Types of divorce in Poland
- Is there a possibility that a court will refuse to grant a divorce even though both spouses want it?
- What is the easiest way to get divorce in Poland?
- How to prepare for divorce?
- Is the consent of my spouse required to get a divorce in Poland?
- How long does a divorce in Poland take?
- What is the cost of divorce in Poland?
- How to prove a spouse’s fault in the divorce proceedings?
- Maintenance for a spouse after divorce
- Who is entitled to maintenance after divorce?
- How to avoid paying alimony to an ex-spouse?
- Divorce in Poland – legal grounds
- Divorce in Poland step by step
- Divorce lawyer in Poland
- Documents required for divorce in Poland
- Child custody in Poland
- Child support in Poland
- Divorce – division of assets
- Divorce – legal representation
- Where to get a divorce in Poland and how?
- How long does it take to divorce in Poland?
- What types of evidence can be used when divorcing?
- What other family life aspects are settled together with the divorce?
- Is my presence necessary when divorcing?
- What kind of temporary measures concerning children can be ordered during divorce proceedings?
- How can a divorce resolution issued in Poland be acknowledged in another EU State?
- How to get a divorce
- Divorce and separation in Poland
- No fault divorce Poland
- Divorce mediation
Who can order a divorce in Poland?
In Poland, the only institution that is able to order a divorce is Regional Court. No other authority can do this. Which Regional Court? It depends on the residence of the spouses’ – the one in their last joint place of residence has jurisdiction.
Divorce in Poland – is separation prior to divorce required?
No, in Poland there is no such requirement. Unlike many other countries like Germany or Norway, where separation prior to divorce is mandatory.
When a court will order a divorce?
In order to get divorced in Poland, you will need to prove that your marriage has permanently and completely broken down. What does it mean? A court will recognise the complete breakdown of a marriage, if you don’t have emotional, physical, and economic bonds anymore. All of these three bonds have to be severed. If any of them still exists, the court won’t order a divorce.
A permanent breakdown obviously means that this isn’t just a temporary crisis in your marriage, which can be easily sorted out in the future – it means that there’s no hope of your marriage working.
Divorce in Poland – is there a possibility that a court will refuse to order a divorce even though both spouses want it?
Yes, there is. The court will examine if the permanent and complete breakdown of the marriage has occured. If the answer is no, the court may order separation instead of divorce.
Types of divorces in Poland
There are two main types of divorces:
- divorce with fault indication for the breakdown of the marriage ,
- no-fault divorces.
We could also divide the divorces by the criteria of:
- the spouses having common minor children or or not,
- whether the divorce includes the division of marital property or not.
Remember that if there are children, the court must rule on child support, custody visitation rights, and parental authority. Both parents must provide for their children, with amounts based on their income and the child’s needs.
When it comes to the division of marital property it depends on the spouses – the court will decide on that only if they request it.
How long will it take?
When both spouses agree to a non-fault divorce, it usually takes a few months.
When the case is more complicated, it can take much longer. This may be the case when there is a disagreement regarding common minor children, alimony and contact arrangements.
Generally the duration varies from a few months to over a year.
Is it possible to get divorce without spouse’s consent?
Yes. Consent of the other spouse isn’t required to get a divorce in Poland. You just need to prove that your marriage has broken down permanently and completely. That may be the case, even if the other spouse wants to remain married.
However there is an exception – when one spouse is fully at fault for the breakdown of the marriage and it’s that one spouse that filed for divorce, then the court will order the divorce only if the innocent spouse also wants it (unless the lack of consent is contrary to the principles of social coexistence).
How much will it cost?
Court fee for divorce petition is 600 zł. Initially, the party filling the lawsuit covers it. However, in the case of a no-fault divorce, the costs are divided equally. Therefore, if you paid the fee, you can receive a refund of half (150 zł), and your ex-spouse will have to pay the other half.
In the case of a fault-based divorce, the party at fault is charged with the entire costs of the proceedings (court fees and even the other party’s legal representation costs).
Which documents I need to provide?
You need to gather following documents:
- abridged marriage certificate,
- abridged copies of birth certificates of minor children (if you have any),
- sworn translation of the above documents, if there are not in Polish.
Who can translate my documents?
You will need sworn translations of the above-mentioned documents. However you can’t just go to any translator – Polish registry offices (and courts) accept only those made by:
- certified translator entered in the register kept by the Polish Minister of Justice,
- a translator authorised to perform such translations in Member States of the European Union or the European Economic Area (EEA),
- translations performed by a consul.
No other translations are recognised.
