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Publication date: 09.10.2024
Divorce procedure in Poland for Ukrainians
When we get married, we hope for a long and happy life together. However, circumstances do not always turn out as we dreamed. In the event that family life has not worked out, there is a need for legal registration of divorce. This article will help Ukrainians living in Poland to understand the divorce procedure, especially if one of the partners is a Polish citizen or if the spouses live in different countries.
Agreement between Poland and Ukraine on legal assistance
Poland and Ukraine have an agreement on legal aid that simplifies legal procedures, including divorce cases. This means that court decisions made in one country can be recognized in another, which is important for spouses who live outside their homeland.
Question
To the authorities of which country to apply for divorce?
Answer
If both partners are citizens of the same country (for example, Poland or Ukraine), the laws of their country apply to divorce. This means that the divorce procedure is governed by the laws of the country of which the spouses are citizens. If one of the spouses is a citizen of Ukraine, and the other is a citizen of Poland, then the laws of the country where they actually live at the time of filing for divorce apply. This means that if the couple lives in Poland, the divorce will be governed by Polish law. If one of the partners is in Poland, and the other is in Ukraine, the laws of the country where the application is submitted are used to initiate the divorce process. That is, if you submit documents in Poland, Polish law will apply, and vice versa.
Determining the jurisdiction and applicable law in your case is a key step in the divorce process. This allows you to avoid legal problems and ensure the proper execution of all documents. If you have any questions or doubts, it is recommended that you seek the help of a lawyer who specializes in family law.
Divorce proceedings in Poland:
Divorce is a serious step that requires careful thought and preparation. Here are some key steps that will help organize the divorce process:
- Discussion of the situation: Before starting formal actions, it is important to discuss the difficulties that have arisen and determine whether it is possible to reach a mutual agreement. This may include: developing an action plan; discussion of financial issues and property nuances; clarifying issues of raising children, if any.
- Determination of the legal basis: Determine according to which laws the divorce process will take place. It depends on the nationality of both partners and their place of residence: If both partners have the same nationality, the law of that country will apply. If one of the partners has Ukrainian citizenship, and the other has Polish citizenship, the laws of the country where they actually live will apply.
- Choosing the instance for filing an application: Divorce in Poland is carried out exclusively through the court. To do this, you need to: determine the district court to which you will apply for divorce, find out what specific requirements and procedures apply in a particular court.
- Negotiations with the other party: If possible, it is recommended to contact the other party to discuss the details of the divorce: discuss the possibility of reaching an agreement on the division of property; determine how you will solve the issue of raising children.
- Submitting an application to the court: After collecting all the documents, submit an application for divorce to the court of your choice. Determine if a preliminary hearing is required and follow all procedures.
The divorce process can be emotionally difficult, but proper planning and preparation can help make it easier. If questions or difficulties arise, it is recommended to consult a lawyer who specializes in family law. This will ensure proper documentation and protection of your rights.
Divorce Litigation: Filing Requirements
Initiating the divorce process is an important step, and the correct execution of all documents can significantly affect its progress. The main document that must be submitted to the court is the divorce application (lawsuit), or as it is called in Poland, pozew o rozwód (PoR).
- Preparation of the claim: It is recommended to contact professional lawyers to prepare the claim, because mistakes can have serious consequences. If you choose to file your own application, it is important to consider a few key elements: indicate which court the suit is being filed in, include complete information about both parties, including addresses, clearly state that it is a divorce, and describe the requirements.
- Important elements of the application: The application for divorce must contain the following key elements: Evidence that the marriage has broken down irretrievably must be presented. This may include a description of the circumstances that led to the breakup. If you have minor children, the lawsuit should specify: which of the spouses is responsible for fulfilling parental duties, what contact with the children should look like, taking into account their interests, the amount of alimony, regulation of the use of shared housing. You can also include claims for alimony during divorce in Poland.
- At the end of the claim, there must be a legible signature with a transcript, and it is also important to remember that all documents must be filled out in Polish.
Question
What documents should be attached to the claim?
Answer
In addition to the application itself, you must also submit to the court: originals and copies of documents, a receipt for the payment of the court fee - this confirms that you have paid the necessary fees, the birth certificate of children: if there are joint children, their certificates must be provided, if one of the partners is foreigner, it is necessary to confirm the legality of stay in Poland, other documents that may be relevant to the case.
The correct filing of the divorce application is critical to the successful completion of the process. In case of any difficulties or uncertainties, it is recommended to consult a lawyer with experience in divorce cases. This will ensure not only the correctness of the documents, but also the protection of your rights in court.
Legal support for divorce in Poland:
Divorce is a complex legal process, especially for foreigners who may not know all the ins and outs of Polish law. The services of a lawyer can significantly simplify this process and help avoid mistakes. Here are the key areas where a lawyer can be helpful:
Divorce consultation in Poland: A matrimonial lawyer in Poland can explain what laws govern divorce in Poland, particularly in the context of international law, if one of the spouses is a foreigner. Discuss possible options (consent of both parties, no-fault divorce, etc.).
Preparation of the claim: The lawyer will prepare the divorce claim (pozew o rozwód), taking into account all the necessary elements and requirements. It will help to collect and prepare all the documents necessary for filing in court, such as marriage and birth certificates. A divorce lawyer in Poland can represent your interests in court, which is especially important if you do not speak Polish or are unfamiliar with court procedures. Negotiating with the other party regarding terms of divorce, alimony, child custody, etc.
Additional services: If you have children, a lawyer will help with issues of alimony, guardianship, determining the children's place of residence. Provision of up-to-date information on the status of the case, terms, stages of consideration and other important points. Consultations on the property division during divorce in Poland. If you are not satisfied with the court's decision, a lawyer will help you prepare an appeal and represent your interests at the appeals court.
Marriage and divorce in Poland is a complex process that requires not only knowledge of marriage legislation in Poland, but also the preparation of procedural documents and the ability to prove one's position in court. The legal help with divorce in Poland can greatly facilitate this process, reduce stress and ensure that your rights are respected. Legal services for couples in Poland from a specialist with experience in divorce cases is recommended in order to receive quality legal support.
