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.
Attorney-at-law Joanna Susło
KJS Legal Kancelaria Adwokacka – Law firm in Wrocław
Advocate – Wrocław – Divorce in Poland