Divorce in Poland: A Complete Guide for Ukrainians
The process of marriage dissolution in Poland is not very different from other countries. However, it is necessary to take into account the nuances of Polish legislation that may affect the divorce process if the marriage dissolution occurs between citizens of different countries.
The following rules apply to Ukrainian citizens who need a divorce in Poland.
Divorce procedure when one spouse is in Poland
Divorce in Poland for Ukrainians, if one of the spouses is on the territory of Poland and has grounds for legal residence there, for example, a permanent residence permit, is possible by contacting the Embassy of Ukraine in the Republic of Poland. The consul has the right to register the dissolution of marriage in Poland in the following cases:
- with the consent of both parties, with a written application from both parties, if they do not have joint minor children;
- upon written application of one of the parties in case the other party is considered legally missing, declared incapacitated, or convicted of a crime for a term of 3 years or more;
- based on a court decision on divorce, but only if this marriage was concluded on the territory of Ukraine.
For a divorce based on a court decision, the spouses or one of them must submit an application to the consular office or diplomatic mission of Ukraine in Poland. To register the dissolution of marriage in Poland, the following documents are required:
- original court decision (extract from the court decision) of Ukraine on marriage dissolution that has entered into force;
- document on payment of the state duty amount established by the court;
- passport;
- document on payment of the consular fee;
- marriage certificate when submitting an application for divorce; in case of its absence, it is necessary to request a duplicate.
The process of marriage dissolution in Poland is not affected by the presence of a property dispute between the spouses.
Registration of marriage dissolution for Ukrainians by mutual consent is conducted in the presence of both spouses, or can be conducted in the presence of only one party.
If after the divorce one of the spouses intends to return to their pre-marital surname, they should indicate this in the application for marriage dissolution.
In case of marriage dissolution in Poland, you can seek help from a divorce lawyer on the "Consultant" marketplace, who will provide consultation and, if necessary, provide full support for the divorce procedure for Ukrainians, including collecting necessary documents, making payments, and registering for an appointment at the consular office or diplomatic mission of Ukraine in Poland.
Rights and obligations during divorce in Poland
The rights and obligations of spouses during divorce in Poland depend on which country they are citizens of and under which legislation they are divorcing.
There is a Legal Assistance Agreement between Poland and Ukraine, and it is by this agreement that it can be determined under which legislation the divorce will take place.
- If the spouses have Ukrainian citizenship, the divorce takes place under Ukrainian law. An exception is if both spouses have permanent residence permits in Poland.
- If the spouses have different citizenships, then they divorce according to the procedures of the country where they actually reside, or where the divorce application was filed by one of the parties, in case the spouses are in different countries.
In Ukraine, in the civil registry offices, spouses have the right to divorce if both parties agree to the dissolution of marriage, do not have joint minor children, and disputes regarding property division. In other cases, it is necessary to go to court for marriage dissolution.
Divorce in Poland only takes place through court. The court may appoint mediation for the spouses if there is a likelihood of preserving the marriage. Mediation will also be appointed for the peaceful settlement of issues of property division, child custody, alimony payments, etc.
If a person after divorce in Poland wishes to return to their pre-marital surname, they must apply to any civil registry office or consul within 3 months from the date the divorce document comes into force.
In case of divorce when the spouses are in different countries, we advise seeking professional help from a divorce lawyer on the "Consultant" marketplace. This will help to understand the nuances of marriage dissolution for Ukrainians in Poland or marriage dissolution for citizens of other countries, quickly collect necessary documents, and save time, money, and ensure comfortable emotional conditions for the parties.
Property division during divorce in Poland
Spouses during divorce in Poland have the opportunity to use joint property and live in a shared residence. Also, one of the spouses can transfer the shared residence to the ownership of the other by joint application in court, indicating that they do not claim compensation.
However, if during joint residence after divorce, one party makes living impossible by their behavior, the court can forcibly evict the person from the premises.
When dividing property, the interests of minor children and the spouse with whom the children will live after the divorce are taken into account, and the process is handled by a divorce attorney.
If the property division dispute prolongs the divorce court process itself, it is considered in a separate court process.
Child custody after divorce in Poland
Custody of minor children is determined in an agreement that parents write in free form and submit to the court. The agreement specifies: conditions regarding child custody, conditions of their maintenance and upbringing, spending time with them. It's worth noting that during the divorce, the court listens to the position of the child/children, and siblings usually remain to be raised together unless it contradicts their interests.
Alimony and financial support after divorce in Poland
In divorce in Poland, there is a law on alimony payments for the maintenance of one of the spouses upon marriage dissolution. Therefore, in court, fault is determined, and Poles turn to divorce lawyers. In case of innocence of both parties, or fault of both parties - alimony to one party can be assigned only if they find themselves in a difficult financial situation.
If the fault of one of the spouses is proven, the innocent party has the right to claim alimony, even if they are not in a difficult financial situation. At the same time, the amount of alimony is not fixed but is determined taking into account the property, financial, and employment capabilities of the person paying alimony. The actual amount of the person's earnings is not taken into account, but rather how much they can earn based on their qualifications.
The payment of alimony to the other party ceases if the person enters into a new marriage. If the payer was found innocent in court, the maximum term of maintenance for the other party lasts up to five years.
Legal assistance during divorce in Poland
Given the different legislation in countries, understanding that when dissolving a marriage in Poland, there may be disputes regarding child custody, property division, as well as different locations of the spouses, we advise seeking consultation from professionals. A divorce lawyer will be able to advise you regarding your specific case of marriage dissolution in Poland.
You can order a consultation, collection of necessary documents, and support during divorce from experienced lawyers on the "Consultant" marketplace.
