Legal Framework
- Family and Guardianship Code (FGC)
- Polish Code of Civil Procedure (PCCP)
- Polish Constitution (CRP)
Competent Authority
Courts only (no out-of-court procedures available)
- Regional courts have jurisdiction for divorce cases
- Family courts at district court level for other family matters
Access Requirements
- Marriage can be dissolved only if there are two positive prerequisites:
- Complete breakdown of marriage
- Irretrievable breakdown of marriage
- Divorce will not be permitted if (negative prerequisites):
- It would be detrimental to the welfare of minor children
- It would be contrary to principles of social co-existence
Procedure
- Only through judicial proceedings
- Can be requested:
- Individually by one spouse
- Jointly by both spouses
Procedural characteristics:
- Hearings held behind closed doors (unless both parties request public hearing)
- Court may order inquiry regarding children’s living conditions
Court must rule on:
- Whether and which spouse is at fault
- Parental authority over minor children, parental contact rights, child maintenance obligations
- Use of shared residence
- Property division (on motion, if won’t delay proceedings)
- Maintenance obligations between spouses
- Possibility of property division