Poland: Divorce In Poland

1. Divorce process in Poland

1.1 How to get a divorce in Poland?

In Poland only the court is competent to order a divorce, so it is necessary to initiate a divorce proceeding by submitting a divorce petition to the court in Poland. It is not allowed to dissolve the marriage by an agreement concluded between the spouses.

1.2 How does the divorce process in Poland looks like?

We can divide the process of divorce in Poland into following stages:

1. Divorce petition - the divorce proceeding in Poland is initiating by submitting a divorce petition to the competent Polish court.
2. Divorce defense pleading - after filing a divorce petition the Polish court delivers the petition to the other spouse. The other spouse has right to submit a divorce defense pleading - response to the divorce petition.
3. Court hearing - during the divorce litigation in Poland there should be at least one court hearing. The number of court hearings depends on how complicated the divorce case is, if there is a dispute between the spouses and on numbers of evidence to conduct.
4. Testimony - both spouses should testify before the court to confirm permanent and complete marriage breakdown and confirm statements from their divorce pleadings. There is a possibility to hear the witnesses who may confirm statements of the spouses.
5. Further pleadings and evidence - if the divorce case is more complex it might be justified to file further divorce pleadings with new statements and other evidence such as opinion of the court experts.
6. Divorce decree - at the end of the divorce process, after conducting all evidence, the court decides about the divorce and issues a divorce decree. The divorce decree is not final at the date of issuing.
7. Application for written motives of the divorce decree - the Polish court prepares the divorce decree justification only upon request of the party. There is an obligatory court fee in the amount of 100 zl for justification. The justification of the divorce decree is necessary to submit an appeal against divorce decree. If none of the spouses request the justification the divorce decree becomes final.
8. Appeal against the divorce decree - both spouses have right to file an appeal against the divorce decree if they are not satisfied with the Polish court decisions. An appeal may be filed against the whole divorce decree or only particular divorce decree provisions.
9. Appeal court hearing - during the divorce appeal proceeding an appeal court may decide to complete an evidence and schedule a court hearing.
10. Final divorce decree - an appeal court decree is final at the date of issuing. It is not possible to question the final divorce decree to the higher instance court.

1.3 Composition of the divorce decree in Poland

1.4 Do I have to come to Poland to get a divorce?

In accordance with general rules of litigation in Poland the court may agree to hear you remotely and it will not be necessary to come to Poland to get a divorce.

1.5 Cost of divorce in Poland

The costs of the divorce proceeding in Poland include:

1.6 Divorce attorney required?

You are not required to appoint an Attorney / Law Firm in Poland for your divorce case. However, it is highly recommended, as qualified legal counsel will make sure that your rights and interest are preserved. Participation of the lawyer most usually also speeds up the procedure.

2 Child support / maintenance after divorce in Poland

2.1 Who and when must pay child support / maintenance in Poland?

Both parents are obliged to provide maintenance to the child. The maintenance (alimony) in Poland is not only the financial support but also personal day-to-day care of the child. As a result, the parent who does not live with the child after the divorce/breakup and does not take day-to-day care usually is obliged to pay greater share of child costs of living.

2.2 Maintenance proceeding in Poland

In case that parent who should pay alimony does not do that voluntarily it is possible to initiate the maintenance court proceeding in Poland and request from the court to oblige the parent to pay every moth the specific alimony amount. The child support in Poland may be established in a divorce proceeding (divorce decree) or in the separate maintenance court proceeding. The court maintenance order/divorce decree allows to initiate the enforcement proceeding if the parent does not follow the child support obligation.

2.3 What are standard alimony amounts in Poland?

In Poland there are no standard statutory amounts of child financial support. The child maintenance amount in Poland depends on parents' financial capacity, standard of living and child's justify needs. In every maintenance case in Poland the court take into consideration all above-mentioned factors and based on that and judge live experience, establish the child support amount. It is important to provide appropriate evidence to prove financial capacity of the parents (income, cost of living etc.) and child's needs (rent, food, clothes etc.).

2.4 How long lasts the maintenance obligation in Poland?

Parents are obliged to provide child support until the child is not able to support him/herself unless the income from the child's property is sufficient to cover the costs of his/her maintenance. It means that in Poland even children after the age of 18 years are entitled to maintenance, and the maintenance obligation does not expire after reaching that age by the child.

2.5 Is it possible to reduce or increase the maintenance amount for child in Poland?

Yes, even if there is a final maintenance court order, it is possible to request the Polish court to change it by increasing or reducing the child maintenance amount.

3. Custody and contact with child after divorce in Poland

3.1 What can I do if the other parent limits my contacts with child?

In Poland both parents have right to contact and spend time with child also after divorce/breakup. If your ex-partner limits or even obstructs your contacts with common child, you have right to ask the Polish court to determine your contacts with child and establish a precise contacts schedule. Your ex-partner will must follow the contacts schedule under the threat of penalty. Contacts with minor child in Poland may be established in a divorce proceeding or in a separate court proceeding in Poland. Upon request of the parent the court may issue a securing order and establish a temporary contact's schedule binding for the duration of the court proceeding.

3.2 I do not live in Poland is it possible to have contacts with child abroad?

Generally, to take child abroad you must have the consent of the other parent. In the divorce decree or court order the Polish court may decide that you have the right to take the child abroad for contacts and do not need additional consent from the other parent every time.

3.3 Which of the parent will get a custody over the minor child?

In Poland the custody is a combination of parental authority and child's place of residence. To get custody over minor child in Poland the court has do decide that child's place of residence is at your place, and that you have full parental authority. Deciding about above-mentioned the court will consider the best interest and welfare of the child, parent's parental skills, bonds between the child and parents, and current situation (with whom the child lives).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.