What a Polish divorce judgment decides

Breakdown of marital life — the ending of the bonds between spouses: emotional, physical and economic. The law requires it to be complete and permanent.

When may a court grant a divorce?

Article 56 § 1 of the Family and Guardianship Code provides: where a complete and permanent breakdown of marital life has occurred between the spouses, either spouse may request the court to dissolve the marriage by divorce.

Both features must be present together. Complete means the ending of all the bonds, not just one of them. Permanent means a return to living together cannot be expected. Neither the passage of time nor a de facto separation alone decides the matter.

What else does the court decide in a divorce?

A divorce judgment does not stop at dissolving the marriage. Article 58 § 1 provides that in the judgment granting a divorce the court rules on parental authority over the spouses' common minor child and on the parents' contact with the child, and determines the amount each spouse is obliged to contribute towards the costs of the child's maintenance and upbringing.

Three matters are therefore decided of the court's own motion, in the same judgment: parental authority, contact, and each parent's share in the costs of maintaining and raising the child.

Key points

The ground for divorce is a complete and permanent breakdown of marital life — both together.
Either spouse may request a divorce.
The divorce judgment also decides parental authority and contact with the child.
The court determines the amount each spouse contributes to the costs of the child's maintenance and upbringing.

Why this matters when one party lives in the United States

Because the decisions concerning the child are made in the same judgment as the divorce, a divorce case conducted in Poland settles the framework for contact and for sharing costs at the same time. These are not separate proceedings that can be left for later.

How we help

We assess the situation, prepare the pleadings, represent a party before the Polish court, and explain the consequences of each ruling. Under a power of attorney we act on your behalf.

This article is general information about Polish law, not legal advice about your matter. Legal basis: the Family and Guardianship Code (consolidated text, Journal of Laws 2023 item 2809), Articles 56 and 58. The statute also provides for circumstances in which a divorce is not permissible, and for a ruling on fault; which country’s court has jurisdiction where the parties live abroad is a separate question. All of this has to be checked case by case — describe your situation to us.