NOTE! Automatic translation from Polish
According to the Supreme Court’s judgment of November 24, 2017 (I CSK 118/17), a long-term de facto separation may constitute grounds for the court’s establishment of a separation of property regime if it leads to a situation in which „cooperation in the management of joint property is prevented, the property interests of one of the spouses are infringed or seriously threatened, or there is a permanent severance of all property relations and the inability to make joint economic decisions.” What does this mean in practice?
In the case at hand, the spouses entered into a marriage in 1994, but the plaintiff’s long-term employment abroad led to increasing conflicts and a de facto separation in 2014. Initially, the defendant handled his financial affairs, but since 2012, these responsibilities were assumed by other people, and cooperation between the spouses ceased completely. Ultimately, the divorce was granted, and the lower courts ruled that the plaintiff had lost standing to request the establishment of a separation of property regime. However, the Supreme Court corrected this position, stating that retroactive dissolution of the community property regime is also permissible after the divorce – provided that the action was filed before the divorce decree became final.
Both the judgment in question and previous Supreme Court case law confirm that a long-term de facto separation can justify the establishment of a separation of property regime, provided it prevents effective cooperation in the management of the joint property. However, it should be remembered that in such cases, it is necessary to precisely demonstrate the existence of „compelling reasons” and to present appropriate documentation. Not every form of separation can constitute a valid reason for the establishment of a separation of property regime.