Divorce in Poland Guide

Divorce in Poland – key facts

Divorce Authority in Poland Regional Court in Poland - only the court may order a divorce in Poland
Divorce by agreement Divorce by spouses’ agreement in not available in Poland
Separation required prior to divorce Not required
Is visit in Poland required to get a divorce? Not required. The court in Poland order divorce after remote hearing
Which court is competent for divorce cases? Regional Court in Poland depending on residence of the spouses
Lawyers’ representation required in divorce case in Poland? No, lawyers’ representation is not mandatory, although highly recommended in case of foreigners and fault divorces
Divorce case duration From approx. 6 months to 2 years in average
How much is a divorce in Poland? ·      600 zł – court fee for divorce petition

·      additional further costs depend on complexity of the divorce case in Poland

Consent of the other spouse required to get a divorce in Poland? No, consent of the other spouse is not required to get a divorce in Poland
Does the court rule on joint children in the divorce decree in Poland? Yes, in the divorce decree the court decides about common minor children of the spouses, child maintenance amount, parental authority and custody, and contacts with child.
When does the court rule on alimony in the divorce decree in Poland? ·      child support – ex officio always in case that spouses have common minor children

·      ex-spouse maintenance - upon request of the spouse if the premises are met

Does the divorce case decide on joint assets Exceptionally – yes but as a rule assets division after divorce is dealt in separate procedure
Is judicial review of the divorce decree possible in Poland? Yes, there is 1 level appeal to the higher court – an Appeal Court

1. Divorce in Poland

Divorce is the permanent dissolution of a marriage. As a result of the divorce decree, the spouses' rights and obligations towards each other cease. In Poland divorce can only be done by a Polish court divorce decree.

There is no universal format for a divorce petition and proceeding, each divorce case is different and requires an individual approach. It is therefore recommended to seek advice or entrust the handling of a divorce case to the Polish Family Law Firm - our divorce lawyers would be delighted in helping you get through your divorce case in Poland.

How to divorce in Poland?

In Poland the spouses can only divorce in the Polish court. There is no possibility to dissolve the marriage contractually by agreement between the spouses. To get divorce in Poland it is necessary to lodge in a Polish court the divorce petition by one of the spouses and conduct a divorce proceeding before the court. It is advisable to consult a lawyer specialized in a Polish family and divorce law to know your rights and obligations in the divorce proceeding in Poland.

What is the easiest way to divorce in Poland?

Through divorce negotiations or divorce mediation between spouses, it is possible to establish a common divorce procedural position and conclude a marriage or parental agreement and submit it in Polish court. The court may consider such an agreement when deciding on divorce in Poland and resign from carrying out long-term evidence proceeding. Proceeding is easier and faster in no-fault divorce cases.

How to prepare for divorce?

At first start gathering evidence to your divorce case when your marriage breaks down and you decide to get a divorce in Poland. The court decides based on evidence as to the fault for the breakdown of marriage, alimony and contact with children. Complete list of evidence and documents shall be determined with family attorney in Poland.

Secondly, advice a lawyer specialized in the family law in Poland if the Polish court is competent to recognize your divorce case, if the reasons for divorce in Poland are met and there are no contraindications to issue a divorce in Poland.

Thirdly – draft the divorce petition in writing and submit it in a competent Polish court along with gathered evidence, required documents and fees. You will need to decide whether you prepare the divorce petition yourself or entrust it the Family Law Firm and qualified family and divorce lawyers in Poland.

Is the consent of my spouse required to get a divorce in Poland?

Basically, you do not need your wife’s or husband’s consent to get divorce in Poland. In Poland divorce may be ordered by the court even if one of the spouses is against the divorce and strongly disagrees with the divorce. The exception is a situation where the divorce is filed by the spouse who is fully at fault for the breakdown of the marriage, then the court will order the divorce only after the innocent spouse has consented to the divorce or if the lack of such consent is contrary to the principles of social coexistence. The Polish court decides about the divorce when the divorce premises are met, especially if the marriage has completely and permanently broken up.

How long does a divorce in Poland take?

When both spouses are in agreement regarding the divorce, they agree for no-fault divorce and in matters concerning common minor children the divorce proceeding should take approx. 3-6 months and end at the first court hearing.

The divorce case is more complicated and may last longer if spouses are not in agreement – one or both of them demand divorce with fault implication, there is disagreement regarding common minor children, alimony and contacts. In such a case usually, there is a lot of evidence to conduct (witnesses, court experts’ opinion etc.) which indicate more than one court hearing. Divorce in cases where the spouses are not in agreement may last even a year or more. 

What is the cost of divorce in Poland?

The costs of the divorce proceeding in Poland include:

  • court fee for filing a divorce petition – 600,00 zł,
  • fee for granting a power of attorney to the divorce case – 17,00 zł,
  • fee for the marriage/birth certificate –22,00 zł for one copy,
  • cost of translations into Polish of the documents submitted to the court – approx. 50,00 zł per one page,
  • remuneration of the court experts (e.g. opinion of psychologist expert regarding contacts between parents and children) – it can be from several hundred zł to several thousand zł,
  • remuneration of the mediator if you agree for the divorce mediation – it depends on the number of mediation sessions – minimum approx. 100,00 – 150,00 zł for one mediation session,
  • court fee for request to divide joint marital property in your divorce proceeding – 300,00 zł or 1.000,00 zł,
  • court fee for request eviction of a spouse from a shared in your divorce proceeding – 200,00 zł.

If you decide to entrust your divorce case Family Law Firm in Poland and Family attorneys, you will also have to pay agreed remuneration to your divorce lawyer for your legal divorce representation.

Who pays the costs of divorce in Poland?

The costs of the divorce case are initially borne by the spouse who is applying for the divorce in Poland but in the divorce decree the court finally decides which of the parties to what extent bears the costs of the divorce proceeding and orders repayments between the spouses.

As a general rule of civil procedure, the unsuccessful party bears all the costs of the divorce proceeding, including the costs of representation of the other spouse. In no-fault divorce, there is no winning and losing party, so the court divorce costs are borne in half by the spouses and each spouse bears his/her own lawyer's costs of representation.

What types of divorces are in Poland?

There are the following types of divorce in Poland:

  • divorce with fault for the breakdown of the marriage indication,
  • no fault divorce,
  • divorce where the spouses have common minor children,
  • divorce where the spouses do not have common minor children,
  • divorce with division of marital joint property,
  • divorce without division of marital joint property.

 

2. Divorce process

Step 1 - Consultation with divorce lawyer in Poland

If your marriage is falling apart and you are considering filing for divorce in Poland, as a first step you should contact a Family Law Firm in Poland. Feel free to contact our attorneys who specialize in a cross-border divorce and marriages. Our family attorneys will explain you your rights and obligations, indicate what you may claim in a divorce petition and what effect your demands will have after a divorce. Moreover, our family attorneys will prepare for you a list of documents and evidence which may increase your chances of getting a favorable divorce decree. Our Family Law Firm has over 20 years of experience in divorce cases and successfully handles many international divorce processes with a foreign element.

Step 2 - Gathering evidence for divorce process

When you decide to get a divorce, at first you should start gathering evidence to prove your statements and claims, in particular regarding fault for marriage breakdown, alimony and contacts with children. When the other spouse is fully at fault for the breakdown of the marriage you must prove that before the court during your divorce proceeding – the most common evidence are witnesses, private detective's report, photos, videos etc. Regarding the maintenance, it is necessary to prove the financial possibilities both spouses and maintenance costs of the entitled to maintenance – the most common evidence are name invoices, payment confirmations, tax declarations etc.

Step 3 - Preparation of divorce petition

There is no one-size-fits-all model for divorce. At first you have to consider what you expect after divorce and what you are able to prove before the court. You should rethink who is at fault for divorce, whether and how much alimony you are able to pay, how often you would like to contact your children after divorce etc.

Once you know what you expect from divorce decree and you gather necessary evidence and documents for your divorce case it is time to draft the divorce petition with justification and pay required court fees.

The divorce petition along with evidence and document must be filed in Regional Court in Poland of the last joint place of residence of the spouses (if failing that – place of residence of the defendant).

Step 4 - Securing order during divorce process

The divorce process can take a long time. Therefore, it is possible to demand from divorce court to issue an order that will secure the interests of the spouses during the divorce proceeding. The securing is ordered and enforced only for the duration of the divorce proceeding. The application for securing order may be filed in the divorce petition or in the next pleading during the divorce process. You may request to secure:

  • contacts with children – the court will establish temporary contacts schedule for the duration of the divorce proceeding,
  • maintenance for the children – the court will determine the temporary maintenance amount and oblige the parent to pay it,
  • maintenance for the other spouse – the court will determine the temporary maintenance amount and oblige the other spouse to pay it,
  • the place of residence of children – the court will decide with which parent children will live during the proceeding,
  • ban on taking children abroad.

Step 5 - Divorce defense pleading

If you have received a divorce petition you have right to submit in court the defense pleading with your demands regarding divorce – fault for the marriage breakdown, alimony, parental authority and contacts with children. In the divorce defense pleading you should include your statements, evidence and indicate what claims and circumstances of the divorce petition you deny. You must remember that according to the Polish law there is a deadline to submit a defense pleading in the divorce case in Poland.

Step 6 - Court hearing and testimony

During your divorce proceeding there should be at least one court hearing. The number of court hearings depends on the complexity of the divorce case and filed evidence. The first hearing should be held approx. 4-6 months after the divorce petition has been filed. The principle is that the witnesses and the spouses testify directly before the court at the court hearing. There is a possibility to request a remote participation in the divorce court hearing in Poland, consent to this must be given by the court.

Step 7 - Divorce pleadings

When the divorce case is more complicated – spouses are not in agreement, demand divorce with fault indication, have common minor children, during the divorce proceeding it may be necessary to submit additional pleadings and new evidence - our divorce lawyer will help you to determine if it is advisable.

Step 8 - Divorce decree

After conducting the divorce proceeding, hearings and evidence the court issues the divorce decree. In the divorce decree the court decides about fault for the breakdown of the marriage, parental authority over common minor children, place of residence of children, contacts with children, maintenance for children and for ex-spouse, spouse’s joint apartment. The divorce court also determines the proportions in which the spouses bear the costs of the proceedings and order refunds between the spouses. After the divorce decree is announced, the court upon request prepares a written justification of it.

Step 9 - Appeal against divorce decree

If you are not satisfied with the divorce decree and you want to try to change it, you have right to file an appeal against the divorce decree to the second instance Appeal Court in Poland. Your appeal will be recognized by different judges from a different, higher instance court.

To file an appeal, firstly it is necessary to obtain the written justification of the divorce decree, the court fee for the justification is 100,00 zł. After you receive the written justification, you may submit an appeal against the divorce decree. The court fee for the appeal is 600,00 zł. In the appeal you should point out the mistakes made in the divorce decree. Finding mistakes, formulating charges against the divorce decree and their proper justification may be complicated and require legal knowledge and practice. To increase the chances of a successful appeal and change your divorce decree it is recommended to seek a legal advice of a divorce lawyer in Poland.

Step 10 - Enforcement of divorce decree

Enforcement of divorce decree is possible only when the divorce decree is final.

 

3. Divorce ruling in Poland

According to the Polish law, divorce in Poland must be adjudicated by a court. The divorce decree is quite complex. It has to settle several issues between the spouses. Some type of decision will always be found in the divorce decree, whether the parties want it or not, for example fault for marriage breakdown and maintenance for children.

In the divorce decree, the court decides on:

  • fault for the marriage breakdown,
  • maintenance for common children,
  • parental authority over common minor children,
  • place of residence of common minor children,
  • contact with children after divorce,
  • maintenance for ex-spouse,
  • spouses’ joint apartment.

The divorce court may also decide on division of joint marital property but only upon request and if such division does not cause excessive delay in the proceedings.

In the divorce petition and in the defense pleading, you have the right to indicate what decision in each divorce issue you are requesting, justify the request and present evidence to support them.

We encourage you to contact our Family Law Firm if you are considering the divorce. Our lawyers who are specialized in a cross-border marriages and divorces will advise you, explain your rights and indicate what you can request from your spouse after divorce. Our family lawyers would be happy to guide you through the whole divorce process and undertake most of the actions of your behalf. So you may stay relaxed about formalities, obligations and requirements of Polish law.

 

3.1. Fault for divorce

When does the court decide about fault for marriage breakdown?

According to the Polish Family Law the principle is that in every divorce decree the court decides whether and which spouse is at fault for the breakdown of the marriage. There is only one exception where the court does not decide on the fault in divorce decree – on spouses’ joint request. Fault for the marriage breakdown is not subject to gradation.

What types of decisions regarding fault are in Poland?

There are 3 possible divorce court decisions regarding fault. The court in the divorce decree may decide that:

  • one of the spouses is fully at fault for the breakdown of the marriage,
  • both spouses are at fault,
  • no-fault divorce (without a decision on fault).

Polish lawyer who specializes in divorce and family law may help you estimate if there are grounds and enough evidence to request and get divorce with the other spouse fault indication.

How to prove spouse’s fault in the divorce litigation?

If you are requesting a divorce through the sole fault of the other spouse, it is very important to prove before the court that behavior and actions of that spouse led to the marriage breakdown. The evidence should be strong and unambiguous. As an evidence you can use i.a.  testimony of the spouses, testimony of the witnesses (e.g. family members, friends, employees, strangers, lover of the other spouse), private detective's report and testimony, photos, videos, invoices, bills, history of the bank account, history of the other spouse phone calls.

Fault for divorce – alimony for ex-spouse

The right of the other spouse to claim maintenance on herself/himself depends on the decision about the fault for the breakdown of the marriage, because of that it is important to consider if there are grounds and sufficient evidence to file for divorce with fault indication.

 

3.2. Maintenance for spouse after divorce

There are two situations when the ex-spouse has right to request and obtain the maintenance after the divorce – if he/she is an innocent spouse or an accomplice spouse (both spouses are at fault for the breakdown of the marriage). The court decides on spousal maintenance only upon request.

Who pays maintenance after divorce?

The spouse obliged to pay maintenance after divorce is the spouse found by the court in the divorce decree as fully at fault for the breakdown of the marriage.

In case of no-fault divorce or divorce due to the fault of both parties – both may be required to pay maintenance, but only if the other spouse is in scarcity.

Who is entitled to maintenance after divorce?

The spouse entitled to maintenance after the divorce is the spouse found by the court in divorce decree as innocent if the other spouse is fully at fault for the breakdown of the marriage.

In case of no-fault divorce or divorce due to the fault of both parties – both spouses have the right to demand maintenance from the other spouse but only in case of the scarcity.

When can I get maintenance for myself after divorce?

An obligatory condition for granting maintenance for ex-spouse after divorce is significant deterioration of the material situation of an innocent spouse as a result of divorce - the court compares the financial situation of an innocent spouse before and after divorce. The obligation to prove the deterioration of the material situation and that it is significant is borne by the entitled spouse.

In case of no-fault divorce or divorce due to the fault of both parties an obligatory condition for granting maintenance is the scarcity of the entitled spouse – i.e. the inability to satisfy the justified needs.

How much is maintenance for ex-spouse after divorce?

The scope of maintenance must correspond to the justified needs of the entitled spouse and the financial possibilities of the oblige spouse. The oblige spouse has to contribute in an appropriate range to satisfy the justified needs of the innocent spouse – it does not mean that the burden of supporting the ex-spouse after divorce is entirely passed on the obliged to maintenance spouse. The entitled to maintenance should first use his/her own possibilities of gaining income and means of subsistence.

Every situation is different and there is no standard maintenance amount – depending on the financial capacity of the oblige spouse and the justified needs of the entitled person, it may be from several hundred zlotys to several thousand zlotys per month.  Divorce lawyer may help you calculate an appropriate and justified maintenance amount, prepare list of documents and evidence necessary to gather and which may help you to get a favorable court decision.

How to prepare for maintenance proceeding?

If you are planning a divorce start gathering documents, get as much information about your current financial and material situation as you can now – make copies of financial documents such as bank account and credit cards statements, savings, tax returns, obligation contracts etc. During the divorce proceeding you should prove i.a. your current marital lifestyle, yours and your spouse’s income and assets. Family lawyer prepares for you the full list of necessary documents and evidence to your divorce and maintenance case.

How long do I have to pay maintenance to ex-spouse?

The maintenance obligation expires at any time in the event of concluding a new marriage by the ex-spouse entitled to maintenance. You can also request a reduction or even waiver of maintenance obligation in the event of significant deterioration in your financial situation or an improvement in the financial situation of your ex-spouse.

Moreover, in case of no-fault divorce, when the obligated to pay maintenance was the innocent spouse, the maintenance obligation also expires 5 years after the final divorce.

How to avoid paying alimony to ex-spouse?

First, it is important to obtain no-fault divorce or both spouses’ fault divorce - then alimony will be due only in the event of scarcity, so significantly it reduces the likelihood of spousal maintenance. Secondly, it must be proved before the divorce court that ex-spouse is able to independently satisfy his/her needs at the current standard. The maintenance obligation ceases when the entitled spouse does not use his/her capacity for work through his/her own fault and is therefore in a scarcity. Thirdly, you need to present your financial situation – primarily your monthly maintenance costs and prove that the financial status of your ex-spouse has not deteriorated as a result of divorce. Professional divorce and family lawyer will help you to prepare for divorce with fault indication, go through the divorce process and to get maintenance amount favorable for you.

Can maintenance for ex-spouse be reduced or increased?

The divorce court decision about the maintenance may be changed by raising or lowering the maintenance amount at any time by the court upon request. The amount of maintenance may be reduced or increased e.g. in the event of a significant change in in your and your ex-spouse's financial situation. To reduce or increase the spousal maintenance amount it is necessary to conduct a separate maintenance proceeding before Polish court.

How to reduce the spousal maintenance?

If after final divorce decree your financial situation has deteriorated significantly, e.g. your income has decreased or your cost of living has increased, you can demand a reduction of the spousal maintenance amount granted to your ex-spouse in divorce decree. The same situation occurs when your ex-spouse's needs have changed or financial situation has improved. In order to reduce the maintenance amount, it is necessary to submit an appropriate application to the court and conduct a separate maintenance court proceeding in Poland.

Can I get alimony if I was the one who filed for divorce?

Even if you are a spouse who has submitted a divorce petition you still have right to claim alimony for yourself during the divorce proceeding and after divorce in a separate proceeding. The consideration of your request depends solely on the fulfillment of the maintenance reasons, e.g. if you are innocent spouse and your material situation deteriorated as a result of divorce.

 

3.3. Children after divorce

What about children after divorce?

When the spouses have common minor children, it is necessary to regulate matters relating to the situation of children after divorce. The principle is that in the divorce decree the court decides about the parental authority over minor children, children’s place of residence after divorce and contacts between parents and children after divorce  – these are an obligatory components of the divorce decree. There is one exception where the court does not determine contacts with children – on spouses’ joint request.

Divorce is more complicated and last longer when the parents disagree about their children situation after the divorce. The conclusion of the parental agreement simplifies the divorce proceeding.

Written parental agreement

Spouses may conclude a written parental agreement in which they will define the manner of exercising parental authority, contacts between parents and children and children place of residence after divorce. Parents may also include in the parental agreement provisions concerning amount of children maintenance. The agreement should be submitted to the court conducting the divorce proceeding, The court is not bound by the provisions of the parental agreement and assesses the agreement with the best interests of the children.

Polish Family Law Firm and divorce attorneys may help you to determine your rights and expectations regarding relationships with children after divorce. Divorce lawyers will prepare for you a proposal of a parental agreement and they will assist you in negotiating its final provisions with the other parent.

 

3.4. Spouses’ joint apartment after divorce

If the spouses live in a shared apartment, the court in the divorce decree also decides how to use the apartment during the time the divorced spouses live in it together after divorce. When one of the spouses makes it impossible to live together with his grossly reprehensible conduct, the court may order his/her eviction at the request of the other spouse.

 

4. Divorce conditions in Poland

Conditions to get a divorce

The Polish court decides about the divorce only in case of complete and permanent breakdown of the marriage. Complete breakdown means breaking all spiritual, physical and material bonds. Permanent breakdown means that it is not possible to return to the marriage community between spouses in all its bonds – spiritual, physical, material.

When is the divorce not allowed?

According to the Polish Family Law there are a few exceptions where divorce in Poland will be not allowed. The occurrence of any of the exceptional circumstances does not allow the court to decide divorce, despite the complete and permanent breakdown of the marriage.

Divorce in Poland is not allowed if:

  • the welfare of the spouses' common minor children would suffer as a result of the divorce,
  • divorce would be contrary to the principles of social coexistence,
  • divorce is requested by the spouse who is fully at fault for the breakdown of the marriage unless:
  • the other spouse agrees to the divorce or
  • the refusal of his/her consent to divorce is in the circumstances contrary to the principles of social coexistence.

Do not hesitate to contact our Family Law Firm in Poland and consult with a family lawyer who may help to determine if the divorce premises are met and if there are no contraindications for divorce in Poland.

 

5. Jurisdiction and law applicable to divorce in Poland

When you decide to divorce, you must check and make sure that the court in Poland will be competent to hear your divorce case. Our family lawyers would be happy to help you determine whether a court in Poland is competent and Polish law is applicable.

Divorce court jurisdiction

In matters relating to divorce of the cross-border marriages, jurisdiction shall lie with the courts of the European Union Member State:

  • in whose territory:
    • the spouses are habitually resident, or
    • the spouses were last habitually resident, insofar as one of them still resides there, or
    • the respondent is habitually resident, or
    • in the event of a joint application, either of the spouses is habitually resident, or
    • the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
    • the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her ‘domicile' there,
  • of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the ‘domicile' of both spouses.

Where no court of the European Union Member State has jurisdiction according to above mentioned provisions, jurisdiction shall be determined, in each Member State, according to the law in force in that State.

Divorce applicable law

Divorce shall be subject to the law of the State:

  1. where the spouses are habitually resident at the time the court is seized; or, failing that
  2. where the spouses were last habitually resident, provided that the period of residence did not end more than 1 year before the court was seized, in so far as one of the spouses still resides in that State at the time the court is seized; or, failing that
  3. of which both spouses are nationals at the time the court is seized; or, failing that
  4. where the court is seized.

The spouses may agree in writing agreement to designate the law applicable to divorce if it is one of the following laws:

  1. the law of the State where the spouses are habitually resident at the time the agreement is concluded; or
  2. the law of the State where the spouses were last habitually resident, in so far as one of them still resides there at the time the agreement is concluded; or
  3. the law of the State of nationality of either spouse at the time the agreement is concluded; or
  4. the law of the forum.

 

6. Divorce mediation

Divorce in Poland can only be granted by a court, it is not possible to get divorced by concluding a contract by the spouses. However, the spouses have the opportunity to agree on the demands and provisions of the divorce decree through divorce mediation and divorce settlement. The divorce mediation settlement is submitted to the court which approves the settlement. The court takes into account the spouses' mediation settlement in the divorce decree.

When is a divorce mediation conducted?

Divorce mediation is voluntary. Divorce mediation may take place before the divorce proceedings or during the divorce proceedings.

Who conducts the divorce mediation?

Divorce mediation is conducted by an independent and impartial mediator who acts as an intermediary between the spouses, alleviates disputes and proposes possible solutions. Settlement talks remain confidential, mediator cannot be a witness in a divorce case.

What can be solve through divorce mediation?

Through divorce mediation, the spouses can make arrangements as to the guilt for the marriage breakdown, alimony, parental authority, child place of residence and contact with the child after divorce and also as to the division of joint marital property. Mediation in divorce cases may lead to all or some of the issues being determined. If the spouses do not agree on all divorce issues, but only on some of them, the court will decide in a divorce decree those issues that the spouses did not agree on.

How much does mediation cost?

If the court directs you to divorce mediation, the cost should be about several hundred zlotys. The costs of divorce mediation are borne by the spouses in equal parts.

As a first step we recommend to contact our Family Law Firm in Poland to help you go through the divorce mediation – establish a list of priorities, a list of possible concessions, a list of non-negotiable matters and to represent you before the mediator and divorce court.

 

7. Divorce settlement Poland

In Poland it is not possible to obtain a divorce by concluding a private divorce agreement between the spouses. In order to obtain a divorce, it is necessary to conduct divorce proceeding before a court in Poland.

If the spouses are able to reach an agreement, they have the opportunity to influence the court’s decision and the content of the divorce decree by concluding the divorce settlement. Spouses may reach the divorce settlement on their own through settlement talks or through mediation with the participation of a professional mediator.

In the divorce settlement spouses may jointly decide on the fault for the marriage breakdown, the amount of maintenance, contacts with children, parental authority and the division of joint marital property. If the spouses agree only on the issue of common minor children, they may conclude a parental agreement – in which they decide on parental authority, maintenance, child’s place of residence and contacts with child. The divorce court takes the settlement into consideration when deciding about divorce issues in the divorce decree.

 

8. FAQ

Can I get alimony if I was the one who filed for divorce?

Even if you are a spouse who has submitted a divorce petition you still have right to claim alimony for yourself during the divorce proceeding and after divorce in a separate proceeding. The consideration of your request depends solely on the fulfillment of the maintenance reasons, e.g. if you are innocent spouse and your material situation deteriorated as a result of divorce.

What about debts after divorce?

In accordance with Polish Law, the joint marital assets division cannot change the liability of the spouses towards the creditor.

The division of joint marital property deals only with assets and the spouses cannot divide their current debts when dividing their marital property after divorce. There is an exception that allows to settle between the spouses as expenditure debts already paid.

Polish family lawyer may help you define the components of marital joint property and personal property after divorce, determine if you are obligated to pay debts and in what proportion and what repayments you can demand from the other spouse after divorce.

Can I change surname after divorce?

After the divorce, you can return to the surname before the marriage – it is enough to submit a declaration to the Registry Office in Poland or to the consul if someone lives abroad. There is three-month deadline from the date on which the divorce decree becomes final.

What about residence in Poland after divorce?

If a foreigner marries a Polish citizen, he/she has the right to obtain temporary residence in Poland on this basis, and later also the right of permanent residence. Final divorce is the basis for withdrawal of the right of temporary and in some situation also of permanent residence of a foreigner in Poland. Divorce does not automatically order to return to home country of the foreigner. Thus, the final divorce decree makes it impossible for a foreigner to obtain on this basis a permanent residence in Poland permit.

What about business after divorce?

The division of the company after divorce depends mainly on the form of running a business, as well as the property from which it was financed. For example, when shares in a limited liability company were acquired by one of the spouses before the marriage or during the marriage, but financed with personal property, then they constitute the personal property of that spouse and are not subject to division. Our family lawyer will help you determine if there is a possibility that your business will be split after divorce.

Expert team leader Family & Divorce martyna dudkowiak
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Martyna Dudkowiak
Attorney at Law, Partner
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