Divorce and separation in Poland

WARNING !!! automatic translation from Polish

Does the agreement between the People’s Republic of Poland and the French Republic on applicable law, jurisdiction and enforcement of judgments in the field of personal and family law, drawn up in Warsaw on April 5, 1967, still apply in divorce cases ?2025-04-28
Warning: This is an automated translation from Polish. Accuracy may vary. According to Article 94 of Council Regulation (EU) 2019/1111 of June 25, 2019 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility and on international child abduction, this regulation replaced for member states… Dowiedz się więcej: Does the agreement between the People’s Republic of Poland and the French Republic on applicable law, jurisdiction and enforcement of judgments in the field of personal and family law, drawn up in Warsaw on April 5, 1967, still apply in divorce cases ?
Return to maiden name after divorce2025-03-04
According to the Supreme Court judgment of 23 September 1974 (III CRN 188/74), Article 59 of the Family and Guardianship Code grants a divorced wife the right to return to the name she had before marriage. However, she may only submit a declaration in this regard to the head of… Dowiedz się więcej: Return to maiden name after divorce
Consultative teams of court specialists (OZSS)2025-02-04
Pursuant to the Act of 5 August 2015 on Consultative Teams of Judicial Specialists, consultative teams of court specialists, hereinafter referred to as 'teams’, operate in regional courts, whose task is to prepare, at the request of the court or the public prosecutor, opinions in family and guardianship cases and… Dowiedz się więcej: Consultative teams of court specialists (OZSS)
Testimony in a divorce case and slander2025-01-03
Władysław Ż. filed a lawsuit against Cezary T. for determining the infringement of personal rights and defamation of him with unfounded accusations of committing crimes, determining the unfoundedness of the statement about the alleged notification of the appropriate authorities about the crimes committed, awarding the defendant 10,000 PLN in compensation… Dowiedz się więcej: Testimony in a divorce case and slander
Further course of the „Blue Cards” procedure2024-12-04
As already described in the November news – the „Blue Cards” procedure is initiated by filling out the „Blue Card – A” form by a person who, during official or professional activities, suspects that violence may be occurring in the family, or when they receive a report from a family… Dowiedz się więcej: Further course of the „Blue Cards” procedure
Initiation of the „Blue Cards” procedure2024-11-04
The „Blue Cards” procedure was introduced in Poland in 1998 to support people experiencing domestic violence and includes a number of activities undertaken in connection with a reasonable suspicion of domestic violence. The detailed course of the procedure is regulated by the Regulation of the Council of Ministers of 6… Dowiedz się więcej: Initiation of the „Blue Cards” procedure
Withdrawal of the spouse’s consent in an appeal to omit the decision on guilt in the separation judgment2024-10-04
In the event of withdrawal of the spouse’s consent in an appeal to omit the decision on guilt in the separation judgment, Article 5672 § 2 of the Code of Civil Procedure should be applied (decision of the Court of Appeal in Katowice of 6 December 2000 (I ACa 842/00).… Dowiedz się więcej: Withdrawal of the spouse’s consent in an appeal to omit the decision on guilt in the separation judgment
Separation and the establishment of the separation of property by the court2024-09-04
Separation is a separate institution of the establishment of the separation of property by the court (Article 52 § 1 of the Family and Guardianship Code). Separation may be applied in the event of the breakdown of the marital life of the spouses. On the other hand, the abolition of… Dowiedz się więcej: Separation and the establishment of the separation of property by the court
Divorce from a Russian citizen2024-08-02
Divorce of persons with citizenship of different countries is classified as cases with a foreign element, which means that the law that will apply to it is determined by the provisions of private international law. For divorce cases between citizens of Poland and Russia, the relevant provisions of private international… Dowiedz się więcej: Divorce from a Russian citizen
Divorce of a Ukrainian citizen2024-07-04
Divorce of citizens of different countries belongs to the category of cases with a foreign element – the provisions of private international law decide which country’s law will apply to them. In the case of divorces between citizens of Poland and Ukraine, the relevant provisions of private international law are… Dowiedz się więcej: Divorce of a Ukrainian citizen
Representative in a divorce case2024-06-03
Pursuant to the resolution of the Supreme Court of July 25, 1978 (case ref. adoption, if they were granted a power of attorney to conduct a given case (Article 87 § 1 in connection with Article 426 of the Code of Civil Procedure).
Cohabitation after separation2024-05-03
Pursuant to the judgment of the Court of Appeal in Lublin of November 21, 2019 (III AUa 912/18), separation decreed by the court may end as a result of dissolution of the marriage by divorce, annulment of the marriage or abolition of the separation by a court decision (Article 616… Dowiedz się więcej: Cohabitation after separation
Divorce from a citizen of Belarus2024-04-04
Divorce of citizens of different countries falls into the category of cases with a foreign element. This means that before resolving such a case, it is necessary to assess which country’s law should be applied to it. The answers to the question about applicable law are provided by the provisions… Dowiedz się więcej: Divorce from a citizen of Belarus
Guilt for the breakdown of marriage and liability towards ZUS2024-03-04
Pursuant to the judgment of the Court of Appeal in Szczecin of May 24, 2018 (III AUa 453/17), complete and permanent breakdown of marriage between spouses, pursuant to Art. 56 § 1 of the Family and Guardianship Code constitutes a condition for the court to dissolve the marriage by divorce,… Dowiedz się więcej: Guilt for the breakdown of marriage and liability towards ZUS
Recognition of foreign divorce judgments2024-02-02
One of the problems related to emigration is the issue of divorce outside Poland. Questions may arise as to whether a divorce decree issued abroad will have any effects in the Polish legal system. These questions concern not only the Polish legal order, but all countries in the world. However,… Dowiedz się więcej: Recognition of foreign divorce judgments
Divorces with citizens of the Czech Republic and Slovakia2024-01-04
In accordance with the Agreement between the Polish People’s Republic and the Czechoslovak Socialist Republic on legal assistance and legal relations in civil, family, labor and criminal matters of December 21, 1987, divorce is subject to the law of the Contracting Party of which the spouses are nationals at the… Dowiedz się więcej: Divorces with citizens of the Czech Republic and Slovakia
Decisions about shared accommodation2023-12-04
In the judgment of May 29, 2023 (I ACa 42/22), the Court of Appeal in Kraków stated that in Art. 58 § 2 of the Family and Guardianship Code three types of decisions regarding a shared flat are provided for, namely: a ruling on the manner of using the flat… Dowiedz się więcej: Decisions about shared accommodation
Blue card – basic information2023-11-03
The Blue Card is the name of the procedure for counteracting domestic violence. If, in the course of official or professional activities, there is a suspicion of violence against persons experiencing domestic violence or as a result of a report made by a witness of domestic violence, the „Blue Card”… Dowiedz się więcej: Blue card – basic information
Divorce and the division of direct payments from the European Union2023-10-02
Direct payments are a type of payments granted directly to farmers from the European Union under the Common Agricultural Policy, which are intended to support the level of income of agricultural producers. They are granted primarily to professionally active farmers if they conduct agricultural activity and the total area of… Dowiedz się więcej: Divorce and the division of direct payments from the European Union
Contradiction of the regulation on financial sanctions for violating obligations regarding contact with a child with the Constitution of the Republic of Poland2023-09-04
Article 59816 § 1 of the Code of Civil Procedure states that if the person taking care of the child does not perform or improperly performs the obligations regarding contact with the child resulting from a judgment or settlement concluded before a court or a mediator, and despite the court’s… Dowiedz się więcej: Contradiction of the regulation on financial sanctions for violating obligations regarding contact with a child with the Constitution of the Republic of Poland
Consequences of withdrawing the spouse’s consent to separation in an appeal without adjudicating guilt2023-08-04
In the decision I ACa 842/00, the Court of Appeal in Katowice stated that if the spouse’s consent to omitting the guilt decision in the separation decision was withdrawn in the appeal, Art. 5672 § 2 of the Code of Civil Procedure, according to which the court decides to discontinue… Dowiedz się więcej: Consequences of withdrawing the spouse’s consent to separation in an appeal without adjudicating guilt
Obligation to adjudicate on joint residence of spouses2023-07-03
When dissolving an existing marriage, the court makes decisions regarding various aspects of the spouses’ previous life together. One of these areas is decisions regarding the use of the spouses’ joint apartment. This is stated in Art. 58 § 4 of the Family and Guardianship Code, specifying the premises on… Dowiedz się więcej: Obligation to adjudicate on joint residence of spouses
Does cohabitation by one ex-spouse exempt the other?from the maintenance obligation?2023-06-02
In the judgment I CKN 788/97 of 1998, the Supreme Court stated that remaining in cohabitation by a divorced spouse entitled to alimony is not a statutory premise for the expiry of the alimony obligation of the other divorced spouse towards him. The judgment in question was issued in a… Dowiedz się więcej: Does cohabitation by one ex-spouse exempt the other?from the maintenance obligation?
Increasing alimony in a divorce case before the second instance2023-05-05
The Court of Appeal in Kraków, in its judgment of June 15, 2021, reference number I ACa 1006/19, focused on the issue of increasing the maintenance awarded in the divorce judgment. The decision was made as a result of an appeal filed by the claimant. She accused the first-instance court… Dowiedz się więcej: Increasing alimony in a divorce case before the second instance
Constitutional right to two instances in divorce cases2023-04-04
In the judgment of January 29, 2021, file ref. I CZ 77/20, the Supreme Court ruled that the court of second instance is obliged to refer the case to the court of first instance for re-examination, if the subject of the case is a divorce. This decision was made on… Dowiedz się więcej: Constitutional right to two instances in divorce cases
Changing the spouse’s name after divorce2023-03-03
One of the declarations that the spouses submit to the head of the State Office Civil (or before the consul in exceptional cases), there is a statement related to choosing the surname that each of them will bear from the moment of marriage. Pursuant to the regulation of art. 25… Dowiedz się więcej: Changing the spouse’s name after divorce
Divorces from the USSR2023-02-03
The decree of February 3, 1947 is the legal basis for recognizing divorces granted on the basis of the provisions of Soviet law by the USSR authorities to Polish citizens in the period from September 1, 1939 to January 29, 1946 in the areas incorporated into the USSR under the… Dowiedz się więcej: Divorces from the USSR
Finding fault in a divorce case of a spouse who was not found guilty in a prior separation case2023-01-02
In the judgment I ACa 100/21, the Court of Appeal in Kraków ruled that in order to determine the fault of the spouse who was not found guilty of the breakdown of the marriage in the earlier case of the parties for separation, it is not enough to prove his… Dowiedz się więcej: Finding fault in a divorce case of a spouse who was not found guilty in a prior separation case
The institution of separation in Polish law against the background of European solutions2022-12-02
Undoubtedly, one of the central points of reference for family law as a separate sub-branch of civil law is the institution of divorce and separation. Both of the above issues are one of the main subjects of regulation not only under Polish law, but also in relation to other European… Dowiedz się więcej: The institution of separation in Polish law against the background of European solutions
Helping a spouse in separation – considerations of equity2022-11-04
At the unanimous request of the spouses or at the request of one of them, the competent regional court, in the event of a complete breakdown of the marriage – understood as the cessation of emotional, physical and economic ties – is entitled to pronounce the separation. On the basis… Dowiedz się więcej: Helping a spouse in separation – considerations of equity

Divorce and separation in Poland

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