Today’s article is about the basic differences and similarities between separation and divorce in Poland. If you are interested in this topic, I invite you to read on.

Table of Contents – read more about:

• When might I not be granted a divorce?
• De facto vs. legal separation – key differences
• Divorce in Poland step by step
• Separation in Poland step by step
• What types of separation exist and what are their legal effects?
• After how many years of separation can a divorce be obtained?
• Filing for divorce after separation – what you should know
• Divorce lawyer
• Separation – application
• Separation vs. divorce: costs
• Is automatic divorce after separation possible?
• Divorce or separation?
• How long must marital cohabitation have ceased?
• Why is it worth remaining in separation rather than divorcing?
• How is property divided during separation?
• Is separation required before divorce in Poland?
• When may a divorce be granted?
• Divorce vs. separation – how do they differ?
• What is a permanent and complete breakdown of marital life?
• What is a complete breakdown of marital life?
• When will a court refuse to grant separation?
• Divorce vs. separation – differences in the effects of the ruling
• How long does separation last?
• Separation and divorce in Poland – key differences

A divorce may be granted for important reasons when a complete and permanent breakdown of marital life has occurred between the spouses.

Divorce is not permissible if:

• granting it would harm the welfare of the spouses’ minor children,
• it is demanded by a spouse who is solely at fault for the breakdown of marital life (unless the other spouse consents).

You can separate with your partner just by stopping to live together. However you need to remember that in the eyes of the law you are not separated and still are married. De facto (not legal) separation means that all rights and obligations arising from marriage are still binding.

Legal separation, by contrast, requires a court ruling. Such separation produces specific legal effects. It also allows the spouses’ rights and obligations to be regulated and adjusted to a situation in which, although they remain married, they live apart.

Because de facto separation does not give rise to any legal effects this article focuses on legal separation. Hence when you read ‘separation’ in the text below, know that it’s mean the legal not de facto one.

No. It’s quite important to know that, because there are many countries that demand couples to be separated before divorce. However Poland isn’t one of them, separation prior to divorce is not required here. When deciding on divorce, the court examines only whether a permanent and complete breakdown of marital life has occurred. Whether separation was previously ordered is irrelevant.

For a court to grant separation, a complete breakdown of marital life must have occurred. However, it does not need to be permanent).

For a court to grant divorce, the breakdown must be both complete and permanent.

The key difference, therefore, is that in separation the breakdown is not permanent. There remains a chance of reconciliation between the spouses. For this reason, separation is not final and may be reversed in the future.

A court will refuse to grant separation (even where a complete breakdown of marital life has occurred) if:

• it would harm the welfare of the spouses’ minor children,
• it would be contrary to the principles of social coexistence.

Unlike in divorce proceedings, in separation cases there is no bar related to the fact that the spouse solely at fault for the breakdown is the one applying for separation.

Marital life consists of three bonds that form the marital community: emotional, physical, and economic. The emotional bond concerns the feelings spouses have for one another, the physical bond relates to sexual relations, the economic bond involves jointly maintaining and running a household.

If even one of these bonds ceases, there may (though not necessarily) be a breakdown of marital life. A breakdown is considered complete when all three bonds have ceased.

The lack of all three bonds is sufficient to grant separation. It is not, however, sufficient to grant divorce. For divorce, the situation must also be deemed permanent. That means there are no prospects for repairing the relationship between the spouses.

The most important and fundamental difference is that upon the granting of divorce, the marriage ceases to exist, whereas upon the granting of separation the marriage continues. However, in the separation proceedings many of the same issues are determined as in divorce proceedings (such as property matters or issues concerning child custody.

Therefore, separation is not a final solution, it is designed so that, in the event of reconciliation, spouses can easily return to being together (not only in fact, but also in the eyes of the law).

Of course, it is not possible to remarry, while separated, as the marriage continues throughout separation.

Both in separation and in divorce – if the spouses were subject to a community property regime – there is a need to divide marital property. Upon the granting of separation, separate property regimes arise between the spouses.

Separation is intended to be a transitional stage (leading either to reconciliation and a return to shared life or to divorce). However, when granting separation, the court does not specify its duration. Separation ends when the spouses file an application to cease it (if their relationship has been repaired) or when the court grants a divorce.

Under Polish law, however, divorce never occurs automatically due to long-term separation. For divorce to take place, one of the spouses must file a petition for divorce.

In both divorce and separation cases, jurisdiction lies with the District Court. To be precise, with the court of the district of the spouses’ last common place of residence, provided that at least one of them still resides or habitually stays there. If both spouses have moved out of that district, jurisdiction lies with the court of the defendant’s place of residence. If there is no such place, then with the court of the plaintiff’s place of residence.