Most of the legal consequences of separation can also be obtained without a court judgment. These consequences include:

Separation of property

Separation of property may be established through a matrimonial property agreement (signed before a notary). In the absence of mutual consent of the spouses, a petition for separation of property may be filed in court (allowed only for important reasons).

Child support/maintenance contracts

Spouses may sign a child support/maintenance contract. If such a contract is drawn up in the form of a notarial deed, it has the effect of a court judgment (if the obligor voluntarily submits to enforcement). In the absence of mutual consent of the spouses, a petition for child support/maintenance may be filed in court.

Parental authority, custody of children and visitation rights

All issues relating to parental authority may be regulated through judicial proceedings without a need to file for divorce or separation.

Division of residence

After separation of property is established, property division, including division of the spouses' common dwelling, may be effected in an ordinary civil case.

Up  Up | main page: Divorce and separation in Poland

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