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 Article 59 FGC and extends the deadline for a divorced person to revert to their surname used before marriage.
According to the new wording of Article 59, within one year from the finalization of the divorce decree, a divorced spouse who changed their surname as a result of marriage may return to the surname used prior to marriage. To do this, an appropriate statement must be made before the head of the civil registry office or before a consul.
Previously, divorced persons had only three months to submit such a statement, and the deadline was strictly binding. Extending this period to one year gives divorced individuals more time to make a well-considered decision.
It is important to note that a statement to return to the surname used before marriage can only be made before the head of the civil registry office or before a consul, who will forward it to the relevant civil registry office. No other authority is authorized to accept such a statement, and the court cannot include such a provision in the divorce judgment.
This position was confirmed by the Supreme Court in its judgment of September 23, 1974, case no. III CRN 188/74: “A statement on this matter may, however, be made only before the head of the civil registry office (…) No other authority is authorized to accept such a statement. The court also cannot include such a provision in the divorce judgment itself.”