With art. 56 § 2 k.r.o. it follows that each of the spouses may demand that the court dissolve the marriage by divorce if the spouses have completely and irretrievably broken down.
However, even in the event of a complete and permanent breakdown of the marriage, a divorce may not be granted if one of the so-called negative divorce grounds. These include the following circumstances:
- when, as a result of the divorce, the welfare of the spouses’ joint minor children is damaged;
- when the divorce decree would be contrary to the principles of social coexistence;
- when a divorce is requested by a spouse only who is guilty of the breakdown of the marriage.
In the latter case, however, the court may decide to divorce the other spouse if the other spouse has consented to the divorce or if the refusal to consent is in the circumstances contrary to the principles of social coexistence. The Act does not specify in detail what this contradiction to the principles of social coexistence may consist of, but this question is answered by the jurisprudence.
In the judgment of February 12, 2020, file ref. I ACa 230/19 The Court of Appeal in Poznań explained that the divorce decree is contrary to the principles of social coexistence when these principles could not be reconciled with gross harm to a spouse who opposes the divorce or when serious socio-economic considerations speak against the divorce. educational.
In the justification of the judgment, the court stressed that in a situation where a spouse who opposes divorce has the opportunity to find a job, there are no grounds to assume that the divorce would cause gross harm to him.
The jurisprudence emphasizes that divorce is an undesirable phenomenon, but in many cases it would be even worse to artificially maintain a marriage that has actually ceased to exist. The Court of Appeal in Poznań found that in a situation where the parties have severed all ties between the spouses, as evidenced by, for example, quarrels and misconduct between them, there is no basis for stating that the divorce would be harmful to one of them. Moreover, the court stated that the refusal to consent to the divorce of one of the spouses in a situation of intense conflict was contrary to the principles of social coexistence.