Publication date: 05.09.2024
Divorce in Poland for Ukrainians: legal aspects
Divorce is a complex process that can become even more confusing when it takes place in another country. For Ukrainians living or married in Poland, understanding the legal aspects of divorce is critical. This article discusses the key points of the divorce process in Poland that Ukrainian citizens should pay attention to.
Grounds for divorce in Poland
In Polish law, there is a single ground for divorce - the complete and irreversible breakdown of family life. This means that the spouses do not intend to resume living together. However, the court may refuse to grant a divorce if it is contrary to the interests of minor children or if for other reasons it is contrary to the principles of social coexistence.
Factors that the court takes into account when considering a divorce case:
- The duration of the break in marital relations
- The reasons for the breakdown of the marriage
- Behavior of spouses during marriage
- Financial situation of the parties
- The interests of minor children
The service of legal analysis of a situation can help determine how strong your position is in a divorce case and what evidence you should provide to the court.
Question
Is it possible to get a divorce in Poland if the marriage was concluded in Ukraine?
Answer
Yes, Ukrainians can get a divorce in Poland even if their marriage was concluded in Ukraine. Polish courts have jurisdiction to hear divorce cases if at least one of the spouses is permanently residing in Poland or has Polish citizenship. However, it is important to note that in this case, additional documentary requirements may arise. For example, you may need a legalized marriage certificate with a translation into Polish. The legal analysis of the documents service can help you determine which documents are required in your particular case and how to properly prepare them for submission to the Polish court.
Divorce procedure in Poland
The divorce process in Poland usually begins with filing a statement of claim with the court. It is important to choose the right court that will have jurisdiction over your case.
The main stages of the divorce procedure:
- Filing a statement of claim
- Payment of the court fee
- Preliminary court hearing
- Main court hearing
- Decision on divorce
The service of a lawyer can be extremely useful at each of these stages, especially if you do not speak Polish or are not familiar with the local judicial system.
Division of property in case of divorce
One of the most difficult aspects of a divorce is often the division of marital property. In Poland, as in Ukraine, property acquired during the marriage is considered marital property and is subject to equal division.
Key points of property division:
- Definition of joint property
- Estimation of the property value
- Accounting for debts and credits
- Possibility of concluding an agreement on the division of property
- Judicial division of property in the absence of consent
The service of a legal opinion can help you understand your rights in relation to joint property and develop a strategy for its division.
Question
Is it possible to divide property without a divorce?
Answer
Yes, Polish law provides for the possibility of dividing property without a divorce. This can be done by concluding a notarized agreement between the spouses or through the court. Such a division of property can be useful if the spouses want to settle property issues, but for some reason are not ready for a formal divorce. However, it is important to understand that such a division of property does not terminate the marriage and does not release the spouses from other obligations related to the marriage. The legal analysis of the documents service can help you to properly execute a property division agreement and ensure the protection of your interests.
Child custody issues
If the spouses have minor children together, the issue of custody becomes one of the most important aspects of the divorce. Polish courts are always guided by the principle of the best interests of the child when deciding on custody issues.
The main aspects considered when deciding on custody are:
The child's place of residence
Schedule of meetings with the other parent
Participation of both parents in the child's upbringing
Financial support for the child (alimony)
The right to make important decisions about the child
The service of a legal opinion of a lawyer can help you prepare arguments in favor of the desired custody option and present them to the court in the most effective way.
Alimony and financial obligations
The issue of alimony is an important part of the divorce process, especially if the couple has children together. In Poland, both parents are obliged to financially support their children, regardless of who the children live with.
Factors affecting the amount of alimony:
- The needs of the child
- The financial capacity of the parents
- The standard of living of the family before the divorce
- Age and state of health of the child
- The contribution of each parent to the upbringing of the child
A lawyer in Poland can help you calculate a fair amount of alimony and defend your position in court.
Recognition of a divorce decree in Ukraine
After obtaining a divorce decision in a Polish court, it is important to ensure its recognition in Ukraine, especially if you plan to return or have property in Ukraine.
Steps to recognize a Polish divorce in Ukraine:
- Obtaining the full text of the court decision
- Legalization of the decision (apostille)
- Translation of the judgment into Ukrainian
- Submitting an application for recognition of the decision to the Ukrainian court
The verification of documents by a lawyer by a lawyer can ensure that all the necessary documents for the recognition of a divorce in Ukraine are correctly executed.
Question
Do I need to personally appear in a Ukrainian court to recognize a Polish divorce?
Answer
In most cases, personal presence in court is not mandatory for the recognition of a foreign divorce decree in Ukraine. The recognition procedure usually takes place in a simplified manner, without summoning the parties. However, if the other party objects to the recognition of the judgment, the court may schedule a hearing, at which your presence may be desirable. In any case, you can authorize a lawyer to represent your interests in court. The online lawyer service can help you prepare all the necessary documents and represent your interests in a Ukrainian court without your personal presence.
Divorce in Poland for Ukrainians is a complicated process that requires a deep understanding of both Polish and Ukrainian law. From filing a divorce petition to dividing property and resolving child custody issues, each stage has its own legal nuances. Neglecting any aspect can lead to serious consequences: from delaying the divorce process to unfair division of property or limiting your rights regarding children. In addition, an improperly formalized divorce can create problems in the future, especially if you plan to return to Ukraine or enter into a new marriage. Therefore, it is crucial to approach the divorce process with due care and to seek professional legal support. Legal marketplace KONSULTANT offers a wide range of services, including online lawyer service, lawyer service in Warsaw and written consultation service, legal opinion of an advocate, legal opinion from a lawyer, which can become indispensable assistants at every stage of the divorce process in Poland. By contacting qualified specialists, you will be able to protect your rights and interests, minimize stress and ensure the legality of the divorce process both in Poland and in Ukraine. Remember that investing in the right legal support is an investment in your peaceful future after the divorce.
