Divorce and separation in Poland
According to the Polish Family and Guardianship Code, if one of the spouses demands a separation decision and the other divorce decree and the request is justified, the court decides to divorce. However, if the divorce decree is not admissible and the claim for separation is justified, the court decides to separate.
According to current case law, it is not permissible to change an action at the request of a divorce order in a separation case. An advocate from KJS Legal can advise on the selection of a claim (divorce or legal separation), as well as construct a lawsuit and represent during legal proceedings, including appeals.
In the justification of the judgment of 9 September 2009 (file reference number I ACa 565/09), the Poznań Court of Appeal stressed that if, after a separation decision, one of the spouses filed for divorce, the court is bound by the court’s findings in the case of guilty for breaking down the relationship.
In the case of separation, the competent court is the regional court in whose district the spouses had their last place of residence, if at least one of them in the district still has their place of residence or habitual residence. In the absence of such a basis, only the court of the defendant’s domicile is competent, and if there is no such ground, the court of the plaintiff’s place of residence.
A flat fee of PLN 600 is charged on a lawsuit in a separation case.
KSJ Legal Law Firm successfully conducts family law cases, including divorce and legal separation, also in cases where one of the spouses or two is abroad. We advise at every stage of the proceedings, from the preparation of a legal opinion to obtaining a final decision before the court of second instance.
Attorney-at-law Joanna Susło
KJS Legal Kancelaria Adwokacka – Law firm in Wrocław
Advocate – Wrocław – Divorce in Poland