According to Art. 57 § 1 of the Family and Guardianship Code, the court, declaring a divorce, also decides whether and which spouse is to blame for the breakdown of the marriage. This obligation means that the court rules on this matter ex officio, unless both spouses jointly request not to adjudicate on guilt. The indicated provision implements the principle of the integrity of the divorce decree in force in Polish law, which means that it is necessary to adjudicate in a divorce case not only on the possible dissolution of a marriage, but also on all family matters.
The appellate court is also obliged to examine ex officio all circumstances relating to the fault of the breakdown of the marriage, regardless of whether the judgment was appealed by one or both parties. On this basis, in cases for divorce, Art. 384 of the Code of Civil Procedure, which prohibits reformationis in peius, as in these cases the provisions of Art. 57 § 1 and article. 58 k.r.o. oblige the courts of both instances to adjudicate ex officio on all issues that are necessary parts of the decision on divorce.
The prohibition of reformationis in peius means that the court may not set aside or amend a judgment to the detriment of the appellant, unless the opposing party has also appealed. The above-mentioned provisions of the Family and Guardianship Code constitute an exception to this rule.
The Supreme Court in the judgment of January 19, 2005 (file no. V CK 364/04) stated that since an appeal by any party to the judgment on the fault of the breakdown of the marriage makes the entire divorce judgment subject to appeal, the appellate court is obliged to is to independently assess all the grounds for divorce, and thus also to examine ex officio whether and which party has broken the breakdown of the marriage and whether the divorce is admissible.
It should be emphasized that in the current system, the appellate court hears a case in substance for the second time. This additionally justifies the need for the court to examine and assess ex officio all substantive legal grounds for divorce within the scope that was burdened by the court of first instance. The Supreme Court therefore found that if one of the parties appealed against the divorce judgment in the scope of guilt for the breakdown of the marriage, the appellate court was not bound by the prohibition of reformationis in peius and may also rule ex officio to the detriment of the applicant.