Divorce and separation in Poland

WARNING !!! automatic translation from Polish

Establishment of the separation of property of spouses by the court2026-03-04
Note: translated from Polish By decision of 2 December 2025 (ref. no. I CSK 3236/24), the Supreme Court once again took a position on the prerequisites for the court to establish the separation of matrimonial property, with particular emphasis on the importance of the de facto separation of the spouses… Dowiedz się więcej: Establishment of the separation of property of spouses by the court
A long-term de facto separation may justify the court’s establishment of a separation of property regime.2026-02-10
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… Dowiedz się więcej: A long-term de facto separation may justify the court’s establishment of a separation of property regime.
Change of the deadline for filing a statement on restitution after divorce2026-01-08
NOTE: translated from English On 8 October 2025, the Act amending the Act of 25 February 1964 – Family and Guardianship Code and the Act of 17 October 2008 on the change of name and surname (i.e. Journal of Laws of 2023, item 1528) entered into force, with regard to… Dowiedz się więcej: Change of the deadline for filing a statement on restitution after divorce
Alternate „Nest” Care for Divorced Parents2025-12-02
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish Pursuant to Article 5, Section 2a of the Act of February 11, 2016, on State Aid in Raising Children (consolidated text: Journal of Laws of 2024, item 1576, as amended), if a child, pursuant to a court ruling, is under the… Dowiedz się więcej: Alternate „Nest” Care for Divorced Parents
Shared custody in the light of the ruling of the Provincial Administrative Court of 21 August 20252025-11-05
NOTE: translated from Polish! On 21 August 2025, the Provincial Administrative Court in Poznań issued a non-final judgment with reference number IV SA/Po 478/25, which refers to the legitimacy of the payment of childcare allowance to parents, especially in the context of alternating custody of a child. This judgment is… Dowiedz się więcej: Shared custody in the light of the ruling of the Provincial Administrative Court of 21 August 2025
Divorce from a Turkish citizen2025-10-15
Note: translated from Polish. Divorce is one of the most important institutions of family law, consisting in the formal termination of marriage by the court at the request of one or both spouses. Undoubtedly, divorce between citizens of different countries, in this case between citizens of Polish and Turkey, can… Dowiedz się więcej: Divorce from a Turkish citizen
Simplified Procedure for Changing Surname After Divorce2025-09-01
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION The Act of June 4, 2025, signed by the President on July 3, 2025 (effective from October 8, 2025), introduces a favorable change for divorced persons in the Family and Guardianship Code (Journal of Laws 2023, item 2809, hereinafter: FGC). The amendment concerns… Dowiedz się więcej: Simplified Procedure for Changing Surname After Divorce
Simplified procedure for changing surnames after divorce2025-08-13
ATTENTION! Automatic translation from Polish The Act of June 4, 2025, signed by the President on July 3, 2025 (entry into force: October 8, 2025), introduces a change to the Family and Guardianship Code (Journal of Laws of 2023, item 2809, hereinafter referred to as the Family and Guardianship Code)… Dowiedz się więcej: Simplified procedure for changing surnames after divorce
Family pension after divorce2025-07-22
ATTENTION ! automatic translation from Polish According to the Supreme Court decision of March 11, 2025 (III USK 326/23), the maintenance obligation under Article 60 of the Family and Guardianship Code is limited in time and this aspect is of primary importance. Thus, if the obligated spouse is a divorced… Dowiedz się więcej: Family pension after divorce
Extrajudicial divorce2025-06-03
ATTENTION!!! Automatic translation from Polish. According to the draft of the Ministry of Justice of May 12, 2025 (Government Legislation Center list number: UDER24), the proceedings for the dissolution of marriage in Poland are facing a revolutionary change. The drafter proposes to introduce a solution that will allow spouses to… Dowiedz się więcej: Extrajudicial divorce
Family pension after separation2025-05-30
ATTENTION ! automatic translation from Polish According to the Supreme Court decision of 12 July 2023 (I USK 316/22), a court decision on separation excludes the widow’s right to a family pension under art. 70 sec. 3 u.e.r.f.u.s., unless she had the right to alimony from her husband on the… Dowiedz się więcej: Family pension after separation
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

Divorce and separation in Poland

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