Publication date: 27.08.2024
The process of divorce is always emotionally and legally challenging, especially when it takes place in another country. For Ukrainians living in Poland, divorce can be further complicated due to differences in legislation and procedures. This article reviews the key legal aspects of divorce in Poland for Ukrainian citizens and emphasizes the importance of professional legal assistance at every stage of the process.
Grounds for divorce in Poland
Before starting the divorce process in Poland, it is important to understand the grounds on which you can file for divorce. Polish law provides for certain conditions under which the court may grant a divorce. To determine whether there are legal grounds in your case, it is recommended to conduct a legal analysis of the situation with the help of a qualified specialist.
The main grounds for divorce in Poland are:
- Complete and irreversible breakdown of the marriage relationship
- Long-term absence of cohabitation of the spouses
- Violence in the family
- Infidelity of one of the spouses
- Alcoholism or drug addiction of one of the spouses
Each of these grounds requires careful documentation and preparation of relevant evidence. A legal analysis of the documents will help determine which evidence will be most convincing in your case.
The procedure for filing for divorce
The process of filing for divorce in Poland has a clearly defined procedure. Compliance with all requirements and deadlines is critical to the success of your case. Before starting the procedure, it is recommended to consult a lawyer who can provide detailed instructions and help you avoid common mistakes.
Key stages of filing for divorce:
- Preparation of the necessary documents
- Filling out the official divorce application form
- Payment of the court fee
- Submission of the application to the relevant court
- Receiving confirmation of acceptance of the application
It is important to note that each of these stages has its own peculiarities and requirements. A lawyer in Poland can provide you with personalized support at each stage, ensuring that all documents and applications are correct and complete.
Question
Is it possible to file for divorce in Poland if the marriage was concluded in Ukraine?
Answer
Yes, you can file for divorce in Poland even if your marriage was concluded in Ukraine. However, in this case, the process may be somewhat more complicated, as additional legalization or apostillization of marriage documents may be required. In addition, the question of applicable law may arise. To get detailed advice on your specific situation, we recommend that you contact a specialist for a legal analysis of the situation.
Division of property in case of divorce
One of the most difficult aspects of a divorce is often the division of marital property. Poland has its own rules and procedures on this issue, which may differ from the Ukrainian ones. To ensure a fair division of property, it is recommended to obtain a legal opinion from a lawyer before starting the process.
Key aspects of property division in divorce:
- Determination of joint and personal property
- Estimation of the value of joint property
- Accounting for debts and loans of the spouses
- Possibility of concluding an agreement on the division of property
- Judicial division of property in the absence of agreement
Each of these aspects requires careful analysis and preparation. An online lawyer can provide you with the necessary support and represent your interests in the process of property division.
Resolving issues related to children
If the spouses have children together, the divorce process is complicated by the need to resolve issues related to their custody, place of residence and maintenance. Polish law pays special attention to protecting the interests of children in divorce. To obtain full information about your rights and obligations regarding children, we recommend that you seek written advice from a specialist.
Determining the child's place of residence
Establishing a schedule of meetings with the child for the parent who will live separately
Calculation of the amount of child support
Resolving issues related to the child's education and medical care
Possibility of joint custody of the child
It is important to understand that decisions regarding children should be made with their best interests in mind. A legal analysis of all the circumstances of the case will help you determine the best solution in your situation.
Peculiarities of divorce for foreigners in Poland
For Ukrainians who get divorced in Poland, the process may have additional complications due to their status as foreigners. This may include issues of jurisdiction, recognition of the divorce decision in Ukraine, and the impact of the divorce on immigration status. To resolve these issues, it is recommended to contact a lawyer in Warsaw who has experience in international family matters.
Key aspects of divorce for foreigners in Poland:
- Determination of the jurisdiction of the Polish court
- The need to legalize or apostille Ukrainian documents
- Impact of divorce on residence permit in Poland
- Peculiarities of enforcement of a Polish court decision in Ukraine
- Possible tax consequences of divorce for foreigners
To successfully resolve these issues, it is important to conduct a thorough analysis of documents and obtain a legal opinion from a specialist who understands the peculiarities of both Polish and Ukrainian legislation.
Alternative methods of dispute resolution in divorce
Although the traditional court process is the most common way to get a divorce, there are alternative dispute resolution methods that can be less stressful and more effective. To determine the most appropriate method in your case, it is recommended to consult a lawyer.
Alternative methods of dispute resolution in divorce:
- Mediation
- Collaborative law
- Arbitration
- Negotiations with the participation of lawyers
Each of these methods has its own advantages and peculiarities. A legal opinion from a lawyer will help you understand which method is best suited for your situation and how to apply it effectively.
Divorce in Poland for Ukrainians is a complicated process that requires a deep understanding of Polish law, careful preparation and a professional approach. From determining the grounds for divorce to resolving issues of property division and child custody, each stage has its own nuances and potential difficulties.
Given the seriousness of the issue and the possible far-reaching consequences, it is strongly recommended that you seek professional legal assistance. A qualified lawyer can conduct a detailed legal analysis of your situation, provide an objective legal opinion on the prospects of the case, and assist you at all stages of the divorce process. This will not only increase your chances of a fair resolution of all issues, but will also help minimize emotional stress and avoid potential mistakes.
If you are considering a divorce in Poland or have already started this process, we recommend that you contact the legal marketplace KONSULTANT. Our experienced lawyers and attorneys specializing in family law and having experience working with Ukrainian clients will provide you with qualified assistance, conduct a detailed legal analysis of your situation and offer the best solutions. Do not risk your future and the future of your children - entrust this important issue to professionals. Contact the CONSULTANT today and take the first step towards a new stage of your life!
