Poland Series of Divorce Questions
Contributing Law Firms: Agnieszka Swaczyna Kancelaria Adwokacka
Contributors
- Agnieszka Swaczyna swaczyna@kancelariaswaczyna.pl
A. General
What are the legislations governing divorce proceedings in Poland?
The procedures for divorce proceedings is governed by Kodeks postepowania cywilnego. The legislations on Grounds for Divorce can be found in Kodeks rodzinny i opiekunczy.
B. Divorce Process in Poland
Am I eligible to apply for a Divorce in Poland?
What are the Grounds for Divorce in Poland?
The Grounds for Divorce is the permanent and complete breakdown of the marriage.
One can divorce without the other spouse’s agreement. For out of court settlements, the most common grounds for divorce are: –
- Incompatibility between spouses;
- Marriage Crisis between spouses;
- Feelings have changed between spouses; or
- Presence of a 3rd party.
What is the Divorce Process in Poland?
C. Jurisdiction Requirements in Poland
Do expats need to fulfil any requirements to file for a Divorce in Poland?
General EU regulations are applicable regardless of nationality. This can be found in art. 3 of COUNCIL REGULATION (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
It is available in different languages
D. Child Issues in Australia
What is the overarching principle that guides the Court in making decisions in relation to care arrangements of children in Poland?
The overarching principle guiding the Court is the child’s welfare.
Is there a difference between custody, care and control and access in Poland?
It is difficult to use these terms. In Poland, there are separate areas, such as parental authority contacts (access) and maintenance which must be covered by the divorce judgment.
Who does the child usually reside with post-divorce in Poland? Is there a preference for a child to reside with the mother in Poland?
The child usually reside with the mothers. According to Polish law, both parents have equal rights. However, in practice, mothers usually have an advantage over fathers.
Are there any major child-issues that both father and mother have to discuss and come to an agreement post-divorce in Poland? Or does the parent who resides with the child make all the decision in Poland?
It depends on the divorce judgment. There is an obligation to decide on parental rights. The two (2) common situations are: –
- Full parental rights for both parents; or
- Parental rights limitation.
If both parents have full rights they need to discuss children issues and find a mutual agreement. If one parent’s rights are limited, there are issues specified in the divorce judgment where parents should find an agreement. Other issues are decided by “main” parent.
Who needs to contribute to child maintenance in Poland? Is there an obligation on both parents in Poland?
Generally, both parents are obligated to maintain a child. However, a divorce judgment will specify this obligation for one parent in the divorce judgment. The rest of the maintenance is contributed by the parent with whom the child lives.
What are the factors the Court take into account when deciding the amount for child maintenance in Poland?
The main factor would be child’s needs. Thereafter, the financial ability of each parent will be considered including but not limited to the incomes and expenses of each parent.
E. Division of Matrimonial Assets in Poland
What are considered as Matrimonial Assets in Poland?
In Poland, Matrimonial Assets include properties acquired during the marriage.
What is the overarching principle that guides the Court in the Division of Matrimonial Assets in Poland?
The overarching principle guiding the Court is equal shares for each spouse.
What are the factors the Court take into account in dividing matrimonial assets in Poland?
The factor the Court takes into account is the possibility of one spouse paying the other.
F. Spousal Maintenance in Poland
In what circumstances does the Court order a husband to pay maintenance to his wife/ ex-wife in Poland?
This will depend on the divorce judgment, whether the divorce is fault based or non-fault based.
In what circumstances does the Court order a wife to pay maintenance to her husband/ex-husband in Poland?
This will depend on the divorce judgment, whether the divorce is fault based or non-fault based.
What is the overarching principle that guides the Court for spousal maintenance in Poland?
Generally, the Court is guided by the needs of the spouse requiring maintenance. Sometimes, maintenance is due where a spouse cannot achieve the same level of life during a marriage post-divorce.
What are the factors the Court take into account when deciding the amount for spousal maintenance in Poland?
In determining spousal maintenance, the Court will consider the payee’s spouse needs and the possibility of payment by the payer spouse.
For further detailed information on international divorce, please visit our dedicated web-page at www.expatdivorce.sg
