Withdrawal of the spouse’s consent in an appeal to omit the decision on guilt in the separation judgment

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). This means that the proceedings are discontinued. Article 512 § 1 of the Code of Civil Procedure, which introduces the principle that the withdrawal of the application is effective only after the commencement of the session or after any of the participants has submitted a written statement, shall not apply if the other participants have not objected to it within the time limit set.