Divorce in Poland for Foreigners: Court, Grounds and Applicable Law
Short answer: Divorce in Poland is filed at the regional court for the spouses' last joint residence. Mixed-nationality couples: treaties and Article 54 of the private international law act decide the law.
Divorce in Poland goes through a court, not an office, and the rules cover more than ending the marriage: children, maintenance, shared property and the home can all be decided in the same judgment. If you or your spouse are foreign, there is an extra question of which country's law applies. This guide follows the Polish page of the European e-Justice Portal, prepared by the European Judicial Network and last updated on 26 May 2023. It is general information, not legal advice, and laws may have changed since then.
Which court
A divorce petition goes to the regional court (sąd okręgowy) for the spouses' last joint place of residence. If there is no such court, it goes to the regional court for the applicant's place of residence. The court gives its judgment after a hearing. A prior separation is not required. A court fee is charged, and the application is accompanied by civil status documents such as the marriage certificate and the children's birth certificates, a power of attorney if you hire a lawyer, and any other relevant certificates.
Grounds for divorce
The portal says the marriage must have broken down completely and irretrievably (Article 56(1) of the Family and Guardianship Code). Even then, a divorce cannot be granted if it would harm the interests of minor children of the marriage or conflicts with the rules of community life.
A spouse who is solely responsible for the breakdown cannot petition for divorce unless the other spouse agrees, or unless the refusal to agree conflicts with the rules of community life.
What the court decides
In the divorce judgment the court:
- Children. Decides on parental responsibility and contact, and sets the maintenance each parent pays. It takes into account a written agreement between the spouses if it serves the child's best interests. If there is no agreement, it decides how parental responsibility is shared. It may give it to one parent and limit the other to specific rights and duties.
- Property. May divide the joint property in the judgment at either spouse's request, if this does not cause excessive delay. Shares are equal by default, though for important reasons a spouse can ask for a division reflecting contributions.
- Shared home. Decides how the home is used while the ex-spouses still live together. In extraordinary cases of grossly reprehensible conduct, it can order eviction of one spouse. If both ask, it can divide the home or award it to one spouse, if the other agrees to leave without replacement housing.
- Spousal maintenance. A spouse not found solely responsible who is in financial difficulties can demand maintenance matching reasonable needs. If one spouse is found solely responsible and the other's finances deteriorate substantially, the court may order a contribution. Maintenance ends on remarriage. For a spouse not found responsible, it also ends five years after the divorce unless extended in exceptional circumstances.
Separation and annulment
The portal also describes legal separation, which has mostly the same consequences as divorce, except that a separated spouse cannot remarry. Annulment cancels the marriage retroactively on grounds listed in the Code, such as a spouse already being married or being below the marriageable age.
After the divorce
A spouse who took a new surname at marriage can revert to the previous one within three months of the decree becoming final, by declaring it to the registry office head or a consul. Both former spouses are free to remarry.
Divorcing a foreign spouse: which law applies
The portal notes that Poland is party to international agreements that take precedence over Polish private international law, so different rules can apply when spouses have different nationalities. Without an agreement, Article 54 of the Private International Law Act of 4 February 2011 sets this order:
1. The common national law of the spouses at the time of filing. 2. If none, the law of the country where both are domiciled at filing. 3. If none, the law of the country of their last common habitual residence, provided it is still the habitual residence of one of them. 4. In other cases, Polish law.
Judgments from other EU countries are handled under the Brussels IIb Regulation, and the portal says applications about recognition go to a regional court.
Mediation, help with costs and appeals
Family mediation is available from non-governmental organisations, foundations and associations, and is possible even while a case is pending. A person who cannot afford the court fee can ask for full or partial exemption and for a court-appointed representative, attaching a statement of their financial situation and proof of income. Judgments can be appealed to a court of second instance.
What this page does not say
The portal page does not list court fee amounts or processing times, and it does not cover the Polish rules for foreigners' residence status after a divorce. If your residence permit depends on your marriage, ask the voivodeship office or a lawyer how a divorce would affect it.
Frequently asked questions
Where do I file for divorce in Poland?
At the regional court for the spouses' last joint residence. If there is none, at the court for the applicant's residence, according to the e-Justice Portal.
Do we need to separate first?
No. The portal says a separation decision is not a condition for divorce.
Which country's law applies if my spouse is foreign?
International agreements come first. Otherwise, Article 54 of the Private International Law Act applies: common national law, then common domicile, then last common habitual residence, then Polish law.
Can the divorce judgment decide on children and property?
Yes. The court decides on parental responsibility, contact and child maintenance. It can divide joint property in the judgment if this does not delay the case.
