Our Family Law Firm specializes in particular in separation cases between Polish citizens as well as marriages with a cross-border element.
Dudkowiak Family Law Firm specializes in particular in cases for divorce and separation. We successfully conduct cases of separation between Polish citizens as well as cross-border separation with foreign element.
Generally, the separation can be defined as the formal separation of the spouses who, instead of divorcing, give themselves time to make a final decision about their future joint future. Separation does not dissolve the ties in marriage like divorce. A separated spouse may not enter into another marriage.
Our family lawyers will explain to you the difference between divorce and separation, help you decide what to request in court and how to prepare for the separation proceeding. Due to extensive experience in family cases, we provide professional representation in separation proceeding before the court in Poland.
We would be happy to help you with your separation case so you can stay relaxed and do not worry about family law formalities. Acting on behalf of our clients, we prepare documents and pleadings related to a given separation case, such as legal separation petition, defense pleading, appeal against judgment and all other letters that could be required during the separation proceeding. We also represent Clients before courts of all instances. We approach each of the separation case with full professionalism and with due diligence and the discretion expected in such matters.
Separation vs divorce
In Poland the alternative to divorce is separation. Separation is recommended when there is a chance for the marriage to be repaired. The separated parties remain married and may return to live together upon joint application to the Polish court. The divorce is irreversible.
How to separate in Poland?
The court decides about the separation and divorce. It is not possible to establish separation by agreement between the spouses.
Entering into a new marriage
During separation the spouses cannot remarry. After divorce the spouses can remarry.
Maintenance for spouse
Both after the separation and after divorce, the spouses may demand maintenance from each other.
Marriage property regime
The decision of marital separation results in a separation of property between the spouses. Once the separation is abolished, a statutory property regime arises between the spouses. At the joint request of the spouses, the court decides to maintain the separation of property between the spouses also after the separation is waived. Divorce causes permanent separation of property between the spouses.
Does divorce have to be preceded by separation?
No, the provisions of Polish law do not require prior marital separation as a condition for the court to award a divorce.
Do not hesitate to contact our divorce lawyer who will help you assess whether there are grounds for separation or divorce and will prepare for you an appropriate petition to the Polish court.