Divorce is a significant life event that can be emotionally and legally complex, particularly when it involves international law. For UK citizens who are either living in Poland or are involved in a divorce case with a Polish citizen, understanding how the divorce process works under Polish law is essential. Poland has its own specific rules regarding divorce, including the grounds for divorce, jurisdiction, and the procedures involved. This guide provides UK citizens with in-depth information on how divorce works in Poland, the legal process, and important considerations when filing for divorce.
1. Jurisdiction for Divorce in Poland
One of the first considerations for UK citizens contemplating a divorce in Poland is whether Polish courts have jurisdiction over the case. Divorce jurisdiction rules can be influenced by factors such as residency, nationality, and where the marriage was registered. The jurisdiction is governed by both Polish domestic law and international agreements, including the EU Regulation on Divorce (which applied before Brexit) and bilateral treaties between Poland and the UK. However, the rules may have changed post-Brexit, and jurisdiction may now require additional legal considerations.
a. Residency
Polish courts will have jurisdiction to hear a divorce case if either of the spouses has been a resident of Poland for at least six months at the time of filing for divorce. Residency is determined by having a permanent or habitual residence in Poland, and this can apply even if the marriage was initially registered abroad.
b. Nationality
If one spouse is a Polish citizen, it may be easier for Polish courts to take jurisdiction over the divorce, but this will depend on the specific circumstances of the case. A UK citizen married to a Polish citizen might be able to file for divorce in Poland if certain conditions are met.
c. Marriage Location
Another key factor is where the marriage took place. If the marriage occurred in Poland, Polish courts may be inclined to hear the case. In cases where both spouses reside in Poland, even if the marriage was registered abroad, the court may accept jurisdiction for divorce proceedings.
For UK citizens who are not residents of Poland, the jurisdiction issue becomes more complicated, and it may be necessary to seek legal advice to determine which country’s courts should handle the divorce. In some cases, it may be more appropriate to file for divorce in the UK if there are strong ties to the UK.
2. Grounds for Divorce in Poland
Unlike the UK, which has introduced no-fault divorce laws as of 2022, Poland requires specific grounds for divorce. The grounds for divorce in Poland are more restrictive, and the court must determine that one of the following criteria is met:
a. Irretrievable Breakdown of the Marriage
The most common ground for divorce in Poland is the irretrievable breakdown of the marriage. This must be demonstrated by showing that the relationship has deteriorated to the point where it is no longer viable. This can be the result of factors such as:
- Infidelity or adultery by one of the spouses.
- Incompatibility of character or differing life goals.
- Long-term emotional or physical separation.
b. Separation for a Year or More
If the spouses have been living separately for at least one year and there is no possibility of reconciliation, a divorce can be granted based on this prolonged separation. This type of divorce can be particularly useful in cases where both parties agree that the marriage is over, but there are other complications involved (e.g., property division, child custody, or financial arrangements).
c. Fault-Based Divorce
A fault-based divorce can be requested if one spouse is found to be at fault for the breakdown of the marriage. This may include:
- Adultery: One spouse has been unfaithful, causing the breakdown of the relationship.
- Abuse: Physical, emotional, or verbal abuse from one spouse towards the other.
- Abandonment: If one spouse leaves the other without justification or consent.
Fault-based divorces are less common but are still allowed under Polish law. If one spouse can prove the other’s fault, the court may take this into account when deciding on alimony, property division, and custody arrangements.
3. The Divorce Process in Poland
The process for divorce in Poland generally involves several steps, each of which must be followed carefully to ensure the proceedings are completed successfully. The divorce process can take anywhere from several months to a year, depending on the complexity of the case and the cooperation of the parties involved.
a. Filing for Divorce
The first step in the process is to file for divorce at the District Court (Sąd Rejonowy) in the area where either spouse is a resident. The petition must include:
- Personal details of both spouses (name, address, date of birth, etc.).
- Grounds for divorce (e.g., irretrievable breakdown of marriage).
- Any claims for division of property, child custody, and alimony.
The petition will also need to be supported by documents proving the grounds for divorce. These documents might include evidence of separation, infidelity, or other factors contributing to the breakdown of the marriage. UK citizens filing in Poland will also need to submit identification documents such as passports or ID cards.
b. Court Hearings
After the petition is filed, the court will schedule hearings where both spouses are expected to present their cases. If the divorce is uncontested, meaning both parties agree on all aspects of the divorce (including custody arrangements, property division, and financial matters), the court may issue a judgment based on their mutual consent.
However, in contested divorces, where there is disagreement between the spouses (especially on issues like child custody, property division, or alimony), the court will hold a series of hearings to resolve the disputes. During these hearings, both parties can present evidence and testimony to support their claims. The court may also recommend mediation to help the parties reach an agreement.
c. Cooling-Off Period
Polish law requires a cooling-off period of six months before a final divorce decree is issued. This period gives the couple a chance to reconsider their decision to divorce and attempt reconciliation. If reconciliation is not possible, the court will proceed with the divorce judgment after the six-month period.
d. Final Judgment
Once the court has evaluated all the evidence and heard both parties’ arguments, a final judgment will be issued. If the divorce is granted, the marriage will be legally dissolved, and the court will also decide on any additional matters such as the division of assets, child custody, child support, and spousal support (alimony).
4. Property Division in Divorce
Poland follows the principle of community property when dividing assets between divorcing spouses. This means that property acquired during the marriage is presumed to be jointly owned by both spouses and will be divided equally. However, exceptions exist:
- Property acquired before the marriage or inherited property is considered separate and will not be subject to division.
- If one spouse has made a greater financial contribution to the property during the marriage, the court may adjust the division of assets accordingly.
In some cases, the couple may have signed a prenuptial agreement (intercyza) before marriage, which outlines the division of assets in case of divorce. If such an agreement exists, it will be taken into account by the court when determining how to divide the property.
5. Child Custody and Support
One of the most important aspects of a divorce involving children is determining custody arrangements. The Polish court system prioritizes the best interests of the child when making custody decisions. In most cases, the court will award joint custody, but it may grant sole custody to one parent if it is deemed in the child’s best interest.
- Child Support: The non-custodial parent may be required to pay child support, which is determined based on their income and the child’s needs.
- Visitation Rights: The non-custodial parent is generally granted visitation rights, which can be tailored to suit the family’s circumstances.
If the parents cannot agree on custody, visitation, or child support, the court will intervene and make a decision based on the child’s well-being.
6. Recognizing a UK Divorce in Poland
If you have already obtained a divorce in the UK but need to ensure it is legally recognized in Poland, you must apply for recognition of foreign judgments. Poland generally recognizes UK divorce decrees under international law. However, post-Brexit, it is crucial to check if there are any additional steps or documentation required for recognition.
7. Role of Consul Law Firm
Divorce is a complicated process, especially when navigating the intricacies of international law. At Consul Law Firm, we provide expert legal assistance to UK citizens going through divorce proceedings in Poland. Our team has a wealth of experience handling international divorce cases, and we are here to guide you through every step of the process. Whether you need help filing a divorce petition, dealing with property division, or negotiating child custody arrangements, our lawyers offer personalized support tailored to your situation.
Conclusion
Divorce in Poland for UK citizens involves a unique set of challenges, especially when considering factors such as jurisdiction, grounds for divorce, and the process of filing. By understanding the legal framework and working with a knowledgeable attorney like Consul Law Firm, UK citizens can navigate the complexities of Polish divorce law with confidence. Whether you are facing a contested divorce or need help with a straightforward separation, our team is here to help ensure your rights are protected and the process proceeds smoothly.
