Leading Expat Divorce Lawyer Team
Poland’s Series of Divorce Questions
Contributors
- Agnieszka Swaczyna swaczyna@kancelariaswaczyna.pl
A. General
The procedures for divorce proceedings is governed by Kodeks postepowania cywilnego. The legislations on Grounds for Divorce can be found in Kodeks rodzinny i opiekunczy.
B. Divorce Process in Poland
Yes. Any spouse can file for a divorce petition.
The Grounds for Divorce is the permanent and complete breakdown of the marriage.
The divorce process is through a Court proceeding. You cannot divorce in Poland in any other way.
C. Jurisdiction Requirements in Poland
General EU regulations are applicable regardless of nationality. This can be found in art. 3 of COUNCIL REGULATION (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
It is available in different languages in: https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=celex:32003R2201.
D. Child Issues in Australia
The overarching principle guiding the Court is the child’s welfare.
It is difficult to use these terms. In Poland, there are separate areas, such as parental authority contacts (access) and maintenance which must be covered by the divorce judgment.
The child usually reside with the mothers. According to Polish law, both parents have equal rights. However, in practice, mothers usually have an advantage over fathers.
It depends on the divorce judgment. There is an obligation to decide on parental rights. The two (2) common situations are: –
- Full parental rights for both parents; or
- Parental rights limitation.
If both parents have full rights they need to discuss children issues and find a mutual agreement. If one parent’s rights are limited, there are issues specified in the divorce judgment where parents should find an agreement. Other issues are decided by “main” parent.
Generally, both parents are obligated to maintain a child. However, a divorce judgment will specify this obligation for one parent in the divorce judgment. The rest of the maintenance is contributed by the parent with whom the child lives.
The main factor would be child’s needs. Thereafter, the financial ability of each parent will be considered including but not limited to the incomes and expenses of each parent.
E. Division of Matrimonial Assets in Poland
In Poland, Matrimonial Assets include properties acquired during the marriage.
The overarching principle guiding the Court is equal shares for each spouse.
The factor the Court takes into account is the possibility of one spouse paying the other.
F. Spousal Maintenance in Poland
This will depend on the divorce judgment, whether the divorce is fault based or non-fault based.
This will depend on the divorce judgment, whether the divorce is fault based or non-fault based.
Generally, the Court is guided by the needs of the spouse requiring maintenance. Sometimes, maintenance is due where a spouse cannot achieve the same level of life during a marriage post-divorce.
In determining spousal maintenance, the Court will consider the payee’s spouse needs and the possibility of payment by the payer spouse.