Divorce and separation in Poland

The effects of the separation judgment are as follows:

Property separation

Property separation between spouses arises. From the moment of separation, each spouse earns only his personal property. The property of joint spouses from the pre-separation period may be divided (by contract or court).

Exclusion from inheritance

Spouses do not inherit each other (unless on the basis of a will).

No presumption of the child's origin

There is no legal presumption that a child comes from a marriage if it was born 300 days after the separation.

Duty of assistance

After separation, the spouses are always obliged to assist each other, if the reasons of equity so require.

Alimony between spouses

In cases determined by law between separated spouses, an obligation arises to pay alimony (unlimited in time).

Firstly, a separated spouse who has not been found guilty of the decomposition of a deceased person and who is in need, may require the separated spouse to provide the means of subsistence to the extent corresponding to the justified needs of the claimant and the earning and property opportunities of the obligee. Put simply, a surviving spouse can demand alimony from the spouse, provided that he has not been found guilty of the breakdown of his life.

Secondly, if one of the spouses has been found guilty of the breakdown of life and the separation results in a significant deterioration of the innocent spouse's situation, the court, upon request of the innocent spouse, may decide that the spouse should only contribute to satisfying the justified needs an innocent spouse (ie paying alimony), even if this was not in need.

Maintenance for children

The court decides to what extent each spouse is obliged to bear the costs of maintaining and raising the child. In practice, this means that one of the spouses is required to pay maintenance to the other spouse with whom the children live.

Parental authority

The court decides on parental authority over the joint minor child of both spouses. For example, he may delegate the exercise of power to one of his parents by limiting the second parent's power to certain duties and rights in relation to the child's person. However, the court takes into account the written agreement of the spouses on the manner of exercising parental authority and maintaining contact with the child after the decision of separation, if it is in accordance with the best interests of the child. In such a case, the court does not usually issue detailed provisions regarding parental authority.

Contacts

The court determines with whom the child is to live during the period of separation and in the absence of an agreement between the parents, the court establishes contacts with the child of the other parent. With the consent of both parents, the court may institute alternate care or not make any decisions about contacts.

Shared apartment of the spouses

If the spouses occupy a common flat, the court in the ruling adjudicating the ruling also decides on the method of using the flat for the duration of shared residence of the spouses in separation. In exceptional cases, when one of the spouses condemns abnormal actions in court, the court may order his eviction at the request of the other spouse. At the mutual request of the parties, the court may also order the separation of a shared flat or the granting of a flat to one of the spouses, if the other spouse agrees to leave it without providing a replacement and substitute accommodation, provided that the division or its granting to one of the spouses is possible.

Division of assets

At the request of one of the spouses, the court may, in the ruling that separates the separation, divide the joint property, if the carrying out of this division does not cause undue delay in the proceedings.

Differences between the effects of divorce and separation

The main difference between separation and divorce is that after the divorce, the marriage can be remarried and no separation after separation. Separation, on the other hand, can be abolished and somehow restored to an "old" marriage.

After the divorce, you can return to your previous name, and after the separation, no. The return to the previous name takes place through a statement submitted to the head of the civil registry office submitted within 3 months of the divorce decree.

The period of payment to the other spouse of alimonies after divorce is limited in certain cases to 5 years (however, you can request a judicial extension of this period). However, there is no such limitation when separating.

After separation, the spouses are always obliged to assist each other, if the reasons of equity so require. However, after the divorce has been pronounced, the spouses are never obliged to do so. However, it should be noted that in practice it would be difficult to seek judicial assistance from the other spouse, because the concept of "considerations of equity" is very unclear.