Divorce is legal in Poland, however, to get a divorce it is necessary to lodge a divorce petition in a Polish court by one of the spouses and conduct a divorce proceeding before the court.
The spouses can only divorce in the Polish court. There is no possibility of dissolving the marriage contractually by agreement only between the spouses.
Hi everyone, welcome to the Europetutor community. Today, in this article, we will discuss everything there is to know about divorce in Poland.
When did divorce become legal in Poland?
Divorce wasn’t legal in Poland for a long period of time. The first divorce law in Poland was regulated on February 25, 1964. It has just been around 59 years since Poland legalized divorce in the country.
How common is a divorce in Poland?
Divorce isn’t that common in Poland. Compared to the USA, Poland’s divorce rate is significantly low. The crude divorce rate in Poland as of 2023 is 15.75 in every 1,000 people.
What types of divorces are there in Poland?
There are 5 common types of divorces in Poland. They are:
- Divorce with fault for the breakdown of the marriage indication
- No-fault divorce
- Divorce where the spouses have common minor children
- Divorce where the spouses do not have common minor children
- Divorce with the division of marital joint property
- Divorce without division of marital joint property.
How long does a divorce in Poland take?
The divorce procedure can take somewhere between 3 to 6 months in Poland. Sometimes, when the divorce is complicated, it may take more than 6 months.
How much does it cost to get divorced in Poland?
It can cost somewhere between 1,500 zl to 10,500 zl depending on various factors.
The court fee for filing a divorce petition: 600 zl
Fee for granting a power of attorney to the divorce case: 17 zl
Fee for the marriage/birth certificate: 22 zl for one copy
Cost of translations into Polish of the documents submitted: ·approx. 50 zl per one page
Remuneration of the court experts (e.g. opinion of psychologist expert regarding contacts between parents and children): from several hundred zl to several thousand zl
Remuneration of the mediator if you agree to the divorce mediation – it depends on the number of mediation sessions: min. 100 – 150 zl for one mediation session
The court fee for the request to divide joint marital property in your divorce proceeding: 300 zl in case of joint agreed request of both spouses, and 1,000 zl if there is no agreement in the division between the spouses.
The court fee for requesting eviction of a spouse from a shared apartment: 200 zl
Who pays the cost of divorce in Poland?
Both spouses more or less have to pay the cost of divorce in Poland in different situations. The cost of the divorce is initially paid by the spouse who is applying for the divorce, however, in a no-fault divorce, both spouses have to pay half-half the court fees.
Who pays maintenance after divorce in Poland?
The spouse obliged to pay maintenance after divorce is the spouse found by the court in the divorce decree as fully at fault for the breakdown of the marriage.
In case of no-fault divorce or divorce due to the fault of both parties, both may be required to pay maintenance, but only if the other spouse is in scarcity.
How is the divorce process in Poland?
There are usually 10 steps one has to go through to get divorced in Poland.
- Consultation with a divorce lawyer
- Gathering evidence for divorce
- Divorce petition
- Securing order during the divorce process
- Divorce defend pleading
- Court hearing and testimony
- Divorce pleadings
- Divorce Decree
- Appeal against a divorce decree
- Final divorce decree
Can divorce be done remotely in Poland?
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.
When is divorce not allowed in Poland?
According to Polish Family Law, there are a few exceptions where divorce in Poland will be not allowed.
Divorce in Poland is not allowed if the welfare of the spouses’ common minor children would suffer as a result of the divorce. Divorce will also be not allowed if the divorce would be contrary to the principles of social coexistence.
Can one change surname after divorce in Poland?
After the divorce, you can return to the surname before the marriage – it is enough to submit a declaration to the Registry Office in Poland or to the consul if someone lives abroad. There is a three-month deadline from the date on which the divorce decree becomes final.
If you have any questions regarding divorce in Poland, please feel free to ask us in the comment section below.
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