Possible changes in divorce regulations in Poland

The Ministry of Justice is recently consulting prospected amendments to the Family and Guardianship Code modifying inter alia regulation of divorce and separation.

The bill introduces the conclude so called „family information procedure” aiming to reconcile the spouses, and in the absence of such a possibility to convince the spouses to conclude the amicable agreement as how to exercise the parental authority and contacts with common minor children, as well as issues related to burden of maintenance and upbringing. The agreement may also relate to financial issues which are normally settled in divorce / separation proceedings.

Pre-divorce or separation family information procedure will be obligatory when the parties have a common minor children, except when one of the spouses was charged or validly convicted of an intentional offense committed to the detriment of the other spouse or minor child.

The divorce or separation suit will have to be filed along with the proof of family information procedure closure, otherwise the court will treat such a suit as a request to initiate family information procedure. Family information procedure will be conducted by the court competent to hear the case for divorce / separation (circuit court) and will last for 1 month, with the possibility of extending for no more than 6 months with the consent of the parties.