Divorce in Poland

21/10/2015 | Blog, Divorce

The decision to file for divorce is certainly not an easy decision, and finding yourself in a situation of an defendant in this proceeding is even more difficult. This article aims to introduce the subject of proceedings in divorce cases conducted according to Polish civil procedure.

Reasons positive divorce

Dissolution of marriage can only occur if there is a permanent and complete break of marriage ties. To recognize that, it is not necessary to establish that the return of the couple to marriage is absolutely excluded. More often it is determined based on the life experience and the assessment that in the circumstances of the spouses return to marriage will not occur. On the other hand, it is assumed that the breakdown of the spouses is complete when all the ties between spouses (spiritual, physical and economic) ceased.

Reasons negative divorce

Article 56 § 2 and 3 of the Family ad Guardianship Code sets out the circumstances in which marriage cannot be dissolved despite the existence of the above conditions. This Article lists as such the sake of the welfare of minor children of the spouses; divorce contradiction with the principles of social coexistence, occurring for other reasons than the welfare of minor children shared by the spouses; request for divorce by the spouse exclusively guilty of the breakdown, unless the other spouse agrees to the divorce, or his refusal to consent to the divorce is under the circumstances incompatible with principles of social coexistence.

Establishing the guilty party in the divorce decree

Ruling divorce court also decides whether and which of the spouses is responsible for the breakdown. However on a joint request of spouses the court refrain from apportioning the blame. This has the same effect as if none of the spouses did not incur blame. Divorce due to the blame of one or the blame of both spouses gives the spouse who is not considered to be only guilty the possibility of claiming of the maintenance already in the divorce proceedings or in other subsequent proceedings. In accordance with the provisions of Family and Guardianship Code divorced spouse who has not been found exclusively guilty of breakdown and which is in poverty, may request the other spouse divorced to provide the maintenance to the extent of reasonable needs as well as earning capacity and assets of the obliged. If one of the spouses was found exclusively guilty of breakdown, and divorce entails a substantial deterioration in the financial situation of the innocent spouse, the court at the request of the innocent spouse may rule that a spouse exclusively guilty of is obliged to contribute in an appropriate range to satisfy the justified needs of the innocent spouse. even if he/she was not in scarcity. The obligation to provide maintenance to a divorced spouse shall expire upon remarrying by the Innocent spouse. However, if the obliged is the spouse not found exclusively guilty of the breakdown, this obligation also expires at the end of five years after the divorce, unless due to exceptional circumstances, the court, at the request of the divorced spouse, extend the said term of five years.

Minor children of the parties

In the divorce decree the court decides on custody of a minor child and contacts with the child as well as decides how much each spouse is obliged to pay cost of living and raising a child. The court takes into account the agreement of the spouses about how to perform custody if it is in the best interests of the child. Siblings should grow up together, unless the child’s welfare requires a different outcome. The court may entrust the exercise of custody to one parent, limiting it to the other parent to their specific duties and powers in relation to the child. The court may decide on a joint custody upon the consent of both parents, if they presented the agreement as referred to in § 1, and there is a reasonable expectation that they will cooperate in matters of the child.

The components of divorce decree

The court in the divorce decree not only dissolves the marriage of the parties and decides whether and which of the spouses is responsible for the breakdown of marriage, but also decides on matters concerning minor children of the parties, and regulates obligatorily other spheres of life of the parties. If the spouses occupy a common dwelling, the court in the decree also rules on the use of the apartment by the time of common residence of  divorced spouses. In exceptional cases, when one spouse has his grossly improper conduct prevents cohabitation, the court may order the eviction at the request of the other spouse. At the joint request of the parties, the court may adjudicate on the distribution of cohabitation or granting housing one of the spouses if the other spouse consents to leave it without providing alternative accommodation and facilities replacement, provided the division or the grant of one of the spouses are possible. Ruling on how to share and apartment the court takes into account primarily the needs of children and spouse, which was granted custody.

At the request of one of the spouses the court may in the divorce decree to divide common property, if the conduct of this division does not cause undue delay in the proceedings.