Can a foreigner get married in Poland?

Yes, the foreigner can get married in Poland after meeting the requirements and formalities. To get married in Poland it is necessary to gather required documents (i.e. certificate which proves that according to your native law you have legal capacity to marry) and then visit Polish Registry Office.

FORMALITIES RELATED TO MARRIAGE BY FOREIGNER IN POLAND

1. What formalities must be done to get married in Poland?

Before the wedding in Poland, couple has to visit the Civil Registry Office where they want to get married, during the visit:

  • set the wedding date,
  • make the so-called assurance that they are not aware of the existence of circumstances excluding marriage - the assurance should be prepared by an official during the visit and signed by you.

2. What documents are required to get a civil marriage by a foreigner in Poland?

The list of documents required by Civil Registry Office in Poland to get married in Poland:

  • ID cards/passports of the bride and groom (to show),
  • proof of payment of the administrative fee in the amount of 84 zł,
  • original copy of the foreigner's birth certificate with apostille and sworn translation into Polish,
  • if the foreigner was previously married - the hard copy of the marriage certificate together with a document confirming the divorce or annulment of the marriage or a document confirming the non-existence of the marriage - all documents with an apostille and a sworn translation into Polish,
  • the hard copy of a document confirming that the foreigner may enter into marriage according to the law of the country of origin – certification of ability to marry (document stating that under the applicable law foreigner is legally able to get married), in case it is not possible to obtain the marriage eligibility certificate the Civil Registry Office will require the Polish court order with marriage eligibility exemption.

Documents in a foreign language shall be submitted with sworn translation into Polish.

3. Is there an expiry date for documents submitted to the Civil Registry Office to get married in Poland?

Marriage may be concluded after 1 month from the date of providing to the Registry Office the assurance that you are not aware of the existence of circumstances excluding the conclusion of marriage. The assurance is valid for 6 months - if you do not get married within this time, you must submit the assurance again.

4. What should be done if my country does not issue certificate of ability to marry required in Poland?

If obtaining marriage eligibility certificate is extremely difficult (i.e. there are obstacles that are difficult to overcome, or impossible (e.g. such document from the origin federal government is not available), the Polish court may release the foreigner from the requirement of presenting a certification of ability to marry before the Civil Registry Office and allow marriage. In this case it is necessary to initiate the court proceeding in Poland to get marriage eligibility exemption court order. Court order will replace the certificate of ability to marry form the country of origin. In such a situation, you must submit to the Civil Registry Office the court's decision with a statement that it is final.

EXEMPTION FROM SUBMISSION THE FOREIGNER'S ABILITY TO MARRY CERTIFICATE IN POLAND

1. How to obtain marriage eligibility exemption to get married in Poland?

If the foreigner's country of origin does not issue an ability to get married certificate or the certificate is not sufficient for Polish Civil Registry Office, it is possible to get a substitution document in Poland i.e. marriage eligibility exemption for foreigner. To obtain the marriage eligibility exemption it is necessary to initiate the court proceeding in Polish court. The court will determine if according to the national law of the petitioner has ability to get married. If the answer is positive the court will issue the court order with exemption to the obligation to provide the marriage ability certificate to the Civil Registry Office. The court order with statement that it is final will be required by the Civil Registry Office.

2. What documents are required to the marriage eligibility court proceeding in Poland?

For the court proceeding to release the foreigner from the requirement of presenting a certification of ability to marry it is necessary to gather and submit the following documents with translation into Polish:

  • scans of future spouses' passports (or IDs),
  • hard copy of the document which confirmed the other spouse is legally free to marry - issued by i.a. Civil Registry Office/Embassy/Consulate,
  • document from the Civil Registry Office/Embassy/Consulate stating that foreigner's country of origin does not provide a document confirming that citizens are eligible to marry (or other evidence which proves that it is extremely difficult, or impossible to obtain such a certificate),
  • hard copies of future spouses' birth certificates with apostille,
  • hard copies of future spouses' marital status certificates with apostille.

3. What is the course of the court proceeding in Poland to get exemption to marriage ability certificate?

The other future spouse will be the party to the proceeding. The court will deliver the copy of the application to release from the requirement of presenting a certification of ability to marry to another future spouse. Then the court may schedule the court hearing, where the future spouses will file a testimony. After the hearing the court should issue a decision - agree to grant marriage eligibility exemption or refuse to do that if e.g. according to native law the foreigners does not have ability to marry.

4. What should be done with court's marriage eligibility exemption?

The hard copy of the court order with a statement that it is final should be submitted to the Registry Office together with the rest of required documents listed above.

5. Prenuptial agreement in Poland

While completing the formalities related to getting married in Poland it is advisable to also consider the marital property regime which you would like to have with your spouse after getting married. In Poland entering marriage results in the creation of a statutory matrimonial joint property regime between the spouses. Spouses may conclude the prenuptial agreement under which they will modify the statutory marital property regime.

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.