Conditions for Divorce in Poland

The divorce judgement fundamentally shapes the legal situation of the parties in the future. In the Polish legal system, divorce proceedings fall within the exclusive jurisdiction of the civil court; there is no legal basis for resolving a marriage through the agreement of the spouses or through administrative procedures. Article 56 of the Polish Family and Guardianship Code outlines the circumstances under which a marriage can be terminated legally. Article 56 reads as follow: § 1. If there is a complete and permanent breakdown in the relationship between spouses, each spouse may request that the court dissolve the marriage through divorce. § 2. However, despite the complete and permanent breakdown of the relationship, divorce is not permissible if it would harm the well-being of the couple's minor children or if, for other reasons, granting a divorce would contradict the principles of social coexistence. § 3. Divorce is also not permissible if it is requested solely by the spouse at fault for the breakdown of the marriage, unless the other spouse consents to the divorce or the refusal of their consent in the given circumstances contradicts the principles of social coexistence. In the current state of law, the absolute and positive prerequisite for divorce is a complete and lasting breakdown of the marital relationship. However, a divorce judgement is not allowed - despite the existence of a complete and lasting breakdown - in three cases: (...) Kancelaria Adwokacka Adwokat dr Piotr Sobański LL.M. Plac Pocztowy 6/4 Zielona Góra Polska piotr.sobanski@adwokatura.pl ORCiD: 0000-0001-8303-1125