Fault for marriage breakdown – divorce in Poland

Fault for the breakdown of the marriage in Poland 

  • the principle is that in every divorce decree in Poland the court decides which spouse is at fault for the breakdown of the marriage,
  • there is one exception – on spouses’ joint request the court decides on no-fault divorce,
  • fault for marriage breakdown is not subject to gradation,
  • there are 3 possible court decisions:
    • one of the spouses is fully at fault for the breakdown of the marriage,
    • both spouses are at fault,
    • no-fault divorce – the consequences are as if neither spouse was at fault.

Fault for divorce and maintenance for ex-spouse 

  • the right of the other spouse to claim maintenance on herself/himself in Poland depends on the decision about the fault for the breakdown of the marriage and because of that it is important to consider if there are grounds to file for divorce through the sole fault of the other spouse.

Our divorce lawyers will advise and help you gather necessary evidence and go through a divorce court proceeding in Poland.

To see more information regarding the divorce in Poland go to our Divorce in Poland Guide.

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Martyna Dudkowiak
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