Tag: rozwód

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.

We encourage you to reach directly our lawyers specialized in Divorce Law:

Divorce Lawyer in Poland Joanna Susło

SOS Legal Law Firm in Wrocław

https://divorce-online-poland.eu

Tel. 668-841-990

[email protected]

Advocate – Wrocław – SOS Legal – Lawyer

Establishment of property separation with retrospective date

For important reasons, each of the spouses in Poland may request the court to establish property separation. Establishment by the Court of property separation may also be demanded by the creditor of one of the spouses, if it is probable that satisfaction of the claim established by an enforceable title requires the division of the joint property of the spouses.

When is the property separation created?

Property separation arises on the day indicated in the judgment that establishes it. Maybe there is also establishing property separation as part of the so-called “nuptial”. It is worth remembering, however, that as part of the intercity, the parties cannot establish separation with retrospective date. This solution is only possible before the General Court.

Pursuant to the provisions of the Family and Guardianship Code, in exceptional cases the Court may establish property separation on the day earlier than the day the court is seized, in particular if the spouses separated. Our lawyers’ experience shows that circumstances such as – separation of spouses, lack of cooperation and consent in conducting business activity, conflicts of interest, justify the adoption of a retrospective date, establishing separation.

Cases for separation by the Court in Poland are heard in the trial. The competent court will always be the District Court, family department.

Importantly, it is unacceptable to seek divorce and to settle property separation with a single application with a retrospective date. In these cases, our lawyers advise on the fragmentation of cases – filing a divorce petition and, at the same time, an application for separation with retrospective date.

KSJ Legal Law Firm handles many family law cases, including those related to the division of property, divorce and establishment of property separation. We advise at every stage of the proceeding, starting from an attempt to resolve the case amicably to obtaining a final decision and execution before law enforcement authorities.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Divorce in Poland – Family Law in Poland

Securing alimony in a divorce case in Poland

In a divorce petition in Poland, a spouse may demand not only dissolution of the marriage and the award of maintenance, but also the so-called securing the claim for the duration of the proceedings.

Such support for maintenance (or e.g. contacts) is issued before the first hearing is scheduled in camera, without the parties participating. The main function of the security is the possibility of obtaining funds already during the proceedings, but before the judgment is issued by the Court.

Given the lengthiness of proceedings and the burden on family courts in Wrocław and other cities, the provision of child support offers many benefits. In addition to obtaining maintenance, it can also be an activity that disciplines an unreliable parent and leads to a settlement. In addition, the provision on security is an independent enforceable title, empowering to initiate enforcement proceedings.

As part of the security application, you must demonstrate a legal interest and substantiate the claim. Such an application shall be examined promptly, but no later than within one week of its receipt by the Court.

An advocate from KJS Legal helps in constructing an application for security, as well as advises in determining the correct amount of security. It is worth remembering that in the event of an unfavorable judgment or a lower amount of maintenance, there is an obligation to return enforced funds, hence the appropriate amount of security should be carefully selected.

This article also treats the subject more extensively.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Divorce in Poland