Can a polish citizen divorce a foreigner in front of polish court?

Can a polish citizen divorce a foreigner in front of polish court?

divorce in Poland

divorce lawyer Wroclaw Poland

We observe more marriages between polish citizens and foreigners. In consequence, we see more spouses that want a divorce with a foreigner in polish courts.

Some polish spouses want return to Poland reassuring that their children will stay with parent in Poland. The other reason is costs – a divorce in Poland may cost much less than i.e. divorce in the United Kingdom or Ireland.

Finally, a polish spouse may think that polish judge will treat him or her in more friendly way.

Thus, an important question is appearing: is it possible to divorce a foreigner in Poland?

Polish civil code indicates that it is possible to divorce a foreigner in Poland if:

–    both spouses have lived in Poland recently, but it is not necessary that they have lived in the same apartment or even in the same town
–    one of the spouses is still living in Poland (whereas the other spouse moved out of Poland)
–    the plaintiff has lived in Poland for at least one year prior to filing a divorce suit and still is living in Poland
–    the plaintiff is a polish citizen and has lived for at least six month prior to filing a divorce suit

It is not necessary to present a registration of residence.
In those circumstances polish jurisdiction is facultative. It means that divorce lawsuit may be alternatively conducted in polish court but also may be conducted overseas. Due to the facts mentioned above, a divorce in Poland is a good option for polish citizens.

As for foreigners – divorce in Poland may costs much less money and is recommended if there is no children of the marriage.

It is compulsory to proceed divorce in Poland, if both spouses are polish citizens and are living in Poland.
If both spouses file a divorce lawsuit, but each in different country, than it important which lawsuit was filed first. The courts of both countries will validate its jurisdiction, and the divorce will continue in the court where the lawsuit was filed first. The other court will discontinue proceedings.
The aim of that proceedings is eliminating different verdicts coming from courts from different countries.

Do my spouse and me need to appear in front of polish court?

On basis of polish civil code both spouses must be heard. The plaintiff must be heard personally in front of a judge. Otherwise the case will be suspended.
But if the defendand stay outside Poland, on a basis of legal help, he may be heard in front of foreign court or polish consul.
We recommend services of divorce lawyer such as legal counsel. With a right power of attorney he might be given a mandate to serve all court documents in Poland. Thus, if the spouse lives outside Poland, all the documents will be served directly to a lawyer in Poland who conducts divorce case for foreign client.

Summary:

– it is possible to divorce a foreigner in front of polish court
– in some cases it is recommended to divorce in Poland
– if a divorce lawsuit will be filed in Poland before it is filed in foreign court than the divorce will be continued in front of polish court and under polish jurisdiction
– a foreigner who lives outside Poland may be heard in his country (there’s no need to be heard personally in front of polish judge

32 Comments

  1. Andrei says:

    Good morning,

    My name is A. My partener she is polish and for the moment she is still married with a polish man. She would like to divorce for certain reasons (she has bean treated bad, her husband used to beat her). They have a little daugther age of 4, 1 house which is already paid and an apartament where they still pay mortgage. She wants to divorce but her husband is threaten her he will take the child and all the properties. My question is, if she put the papers for divorce and he will not agree and wants to fight in the court for everything, what are hes chances to take the custody of the child and the properties? How long will it take if he would not agree with this divorce. If her husband find out that she is with someone else before or during divorce, what are the consequences? He can have the custody of the child and take all the properties? If during the divorce he see us or finds about our relation, he can use against her in the court? I would like to know what are the first steps so i can talk with my partener and convince her to divorce, because she is to scared to ask a lawyer.

    Thank you so much.
    Best regards, A.

  2. Rocio says:

    I get me divorced in peru I am from Perú and I married in peru Ieith polish man,I validated me married 5 years ago in poland but now I divorce 1 year ago in me contry I have me paper now where I need validation and how long I need wait this? I want married again I still living in poland now

  3. Keyla says:

    Hello!
    if we bought a flat after marriage and we get divorced the law in Poland says the flat will be half and half even if my husband took himself the loan in the bank?

  4. W. Ayad says:

    Good morning,

    My name is W. Im from Egypt My wife is polish and for the moment We are still married . She would like to get divorce for certain reasons (we fight alot about life and my work style , i asked her to take our Daugherty to home town for 10 days she refuse ). We have a little daughter age of 4 years old , We use to live in Cairo at begin of the marriage for almost 6 years ) now we move to Poland
    im actually running 2 company my own and i have a company in Poland for almost 3 years and in Egypt i have very good owned company work for 10 years with good income )
    i have access to divorce and be in front of polish court for separation where we have 2 rented apartment one in Cairo and other in Poland
    at the moment im responsible for paying all expenses
    both house rent / with bills / my daughter privet nursery / cloth for both / food / flight tickets everything
    My Question Starts from her
    1- want to know what will be with my daughter according to polish law
    do i still have the right to take here in summer vacation to my home city without permission

    2-if they (My Wife &daughter) decide to stay in Poland ( where i will never separate my daughter from her mother )
    what payment i should do
    Special that my wife have no work or carrier with zero income
    i use to pay for everything for both apartments

    3-what will be my rights after divorce according to my daughter if i see her mam not responsible to get her grown up on style i use to make for my daughter

    Thank you so much.
    Best regards, A.

  5. Elzbieta Stetz says:

    I am Polish Canadian woman divorced in Canada in 1991. I delivered all papers to Warsaw Court (Sad Apelacyjny w Warszawia I Wydzial Cywilny); however they sent me a letter requesting: “w mysl art. 1147 paragraf 2 k.p.c. do wniosku o uznanie orzeczenia sadu zagranicznego wnioskodawca powinien m.in. dolaczyc stwierdzenie, ze orzeczenie jest prawomocne.” The reason I want this divorce to be registered in Poland is to obtain new Polish passport and/or ID document. Could you please give me an idea what should I ask for ? My divorce document is from Court of Queen’s Bench of Alberta of March 19, 1991. This takes almost 2 years already, they constatnly ask for something new. Please HELP!

  6. Dear Madam,

    You must provide Divorce Judgement and Certificate of Divorce legalized in Polish Consulate in Canada.
    The above documents must be translated into Polsih.

    If you have any further questions or problems we are offering our services.

  7. Gabriel says:

    Hello, my spouse and I got married in Ireland in 2015, we would like to get divorce for several reasons, she legalised the marriage in poland about a year after, can we get divorce in poland and then legalise it here? we both still live in Ireland, thank you, also, can we hire you?

  8. Dear Sir, We can help you with your divorce case. All the details have been sent onto your email account.

  9. Hechuli says:

    Dear Madam/Sir,
    I am an indian Married with a polish Citizen and have 2 kids.I want to get divorce and want to take my 2 kids back to India.In such case is it possible to take my Kids back to india? Please help.

  10. Ronda says:

    Hello,
    I made the terrible mistake of going to marriage with a Polish man that was in the United States, in prison, but that has now been deported back to Poland. Soon after returning to Poland he, of course, decided that he did not ” feel like he was married” and he abandoned the marriage. After many years of giving him and his family finacial support ,while he was in prison here , I have realized that he was just a scammer. In addition once he returned to Poland he put heavy pressure on me to invest in an apartment there for “our future”. He promised that if I decided not to come to Poland that he would certainly give my money back even if he had to sell the apartment. Well since he himself decided that I would not be coming there he has not held up to his word. It has been two years now and I am still waiting for my money. I want to divorce now in the USA, where I live, but he is refusing to cooperate as far as saying where does he live exactly and where he works. He is a truck driver and drives throughout Europe. I want to try and obtain my share of this apartment as I paid for half of it with money I earned. He took a bank loan to pay the other half. All I want to do is please try to get my money back. I have started the divorce here but can not get the papers served to him as he is most often outside of Poland. Do I have any recourse? Or a chance of claiming half of the apartment in order to force him to return my money?
    Thank you

  11. Dear Madam/Sir,
    I am an indian Married with a polish Citizen and have 2 kids.I want to get divorce and want to take my 2 kids back to India.In such case is it possible to take my Kids back to india? Please help.

    We will gladly help You with divorce case. To assess the custody rights we need far more information. Please contact us sending email at: kancelaria@radcaprawny.info

  12. Hello,
    I made the terrible mistake of going to marriage with a Polish man that was in the United States, in prison, but that has now been deported back to Poland. Soon after returning to Poland he, of course, decided that he did not ” feel like he was married” and he abandoned the marriage. After many years of giving him and his family finacial support ,while he was in prison here , I have realized that he was just a scammer. In addition once he returned to Poland he put heavy pressure on me to invest in an apartment there for „our future”. He promised that if I decided not to come to Poland that he would certainly give my money back even if he had to sell the apartment. Well since he himself decided that I would not be coming there he has not held up to his word. It has been two years now and I am still waiting for my money. I want to divorce now in the USA, where I live, but he is refusing to cooperate as far as saying where does he live exactly and where he works. He is a truck driver and drives throughout Europe. I want to try and obtain my share of this apartment as I paid for half of it with money I earned. He took a bank loan to pay the other half. All I want to do is please try to get my money back. I have started the divorce here but can not get the papers served to him as he is most often outside of Poland. Do I have any recourse? Or a chance of claiming half of the apartment in order to force him to return my money?
    Thank you

    Dear Madam,

    Possibly, we can help You to locate the address of Your husband in Poland and to recover Your assets.
    Please contact us at kancelaria@radcaprawny.info

  13. Sally says:

    Hi, my name is S., I’m I. and came to Poland to live with my husband from October 2017, I lived in his house for three months , and he cannot be close to me, I never knew before marriage, he is not able to have the sexual relationship with me . He is doing some behaviours that it really scared me, like eating his fingers skin that it leads to bleed , he is using too much hands when he talks that makes me nervous , he sometimes shout that he hits his own forehead , he can loves weeks with touching me , never tmake me out , always talking about I have to work earn money to help to buy house .
    I am very new in poland /poznan , I am very depressed in this last 5months I’m here , I am lucky at least my mom is here with me ,
    And my visa is in progress for temporary residence , I do not want to stay, I really wanna go back .
    He lives with his aunt and the husband , they says bad words to me in polish, they brought me police in the house , they call me terrorist , and my husband is doing nothing to support me . They push me when I walk in the house , they walk naked in house , all because they say I do not speak polish in polish house , and I am not allowed to talk in English .
    I moved to my mom’s house for the last one month and half , and I cannot go back to that house anymore , I am really scared .
    Please help me what to do, I wanna go back to.my country , how can I do the first step for.divorcing here and leave and follow up from Poland embassy in my country?
    I’m.scared if I send divorce and I am still here, he will come at my.mom’s door and start shouting and makes us miserable to cry to death ,
    I have no children and not pregnant as we never had any relationship .
    Please advise . I have no one here and doesn’t know polish law too much.
    Thank you

  14. Ritesh says:

    hello sir
    me and my wife both are indian pasport holder we are married last 2 years lived together last two years but in two year each and every months between us conflict and we have both thinking aim and etc .all the things are differnt after . we both have decided to take divorce .so i want to know that is it possible we can take divorce in poland is it velid for indian government if its valid then please tell me procedure and suggest me any lowyer and cost of divorce ..

  15. TURKER says:

    Dear Sir/ Miss ,

    Im a Turkish citizen who hold a long term stay permission and a resident in Poland KRAKOW.

    I have a 6 years marrige with a Polish wife wiht 2 kids (4 years old doughter and 7 months old son ) My wife kidnapped my kids 19 days ago. She is resident now in Bialystok in her sister’s apertment she also prevents my rights to see my kids or talk on phone. I have seen my doughter only 2 minutes on video call 2 times in 19 days and she told me that her grandfather(my wifes father) hurted her arm. I have a serious concerns about my doughters phycology.
    I have to clarify that we are legally still married and my doughter holds 2 citizenship Turkish and Polish. I would like to learn if I go with Police can I take my kids back? What is the legal procedure in this stuation ? Please let me known.

  16. Bridget says:

    Hi my name is B, am from K we got married with my husband and it’s been like three months only. We had no problems until lately my husband started dreaming about his exgirlfriends kid who is not his biological daughter and he asked if he could as the mother and meet. Ever since that saturday he met her he decided he should go and stay with them instead. In 3 days he has already put off my ring ,this woman calls and they talk every time,and he said he wants to end the marriage. We were in the process of getting my visa but now I don’t know what I can do. I don’t know anybody here in koszalin and I don’t speak polish. I still love my husband so much. But looks like he already made up his mind. I am helpless and depressed. He is depressed too because his facing financial problems and doesn’t have friends and he says he loves me and doesn’t want to hurt me But what he feels for his ex and daughter is so strong. What can I do please. I need help. Because I need my husband but also can’t force him to love me.
    Thank you

  17. Bridger says:

    Am married two months now and we are in process of getting my visa but now my husband wants divorce and go back to his ex girlfriend because he says his so attached to the daughter of her ex who is not the biological kid . I love him so much n we had plans of having children and travel together but his ex looks determined to take him . All this has happened in 3 days but his removed the ring ex calls him every time his decided not to sleep with me. Am Kenyan and I don’t speak polish and neither do I have friends here. His the only one I have. But looks like he has already made up his mind. He wants to end the marriage but I don’t want. I feel like maybe He will change one day his mind and turn to me. Am confused. I need advice I also want to get visa and stay but looks like is not possible now. Our marriage is registered

  18. Dear ,I am from Ethiopia and my husband is from Poland. We get married in Ethiopia .I come to Poland seven month ago.I don’t have temporary resident permit. The result is pending. My husband is alcoholic and many time insulting, disrespecting and beaten me.The worst thing is he is alcoholic and don’t ever had normal conversion with him.And always he have been telling me to leave his house.I don’t have a job and place to go .I am afraid of my life and my seven years daughter who is not born from him.Now I need a divorce and want to go safely to my country. Please tell me what can I do.Thank you

  19. Thomas finlayson says:

    Hello my name is Thomas I met my polish wife in Belgium 6 months later we married in the U.K,I’m British.we live in Antwerpen and still do my wife had already started building a house in poland on the ground that was given to her by her farther. We also bought 2 hectares of wood ground ,then we both started to slowly build the house every year a it more so no holidays except family visits poland and the U.K.four years later my daughter was born well I hope she is mine.enyway we both worked very hard and long hours for many years after 9 years we saved enough for a deposit To buy a flat and we still live heir, and now the house in poland is complete the flat is payed for and I’m on pension my wife is 11 years younger, the problem is my wife and daughter are like cat and dog fighting all the time it’s been like that for at least 8or9 years first it was school she didn’t have good reports the rest is a long story but now she works very hard she will be 24 this year and my wife still treats her like a 15 year old I keep telling my wife to let go but she can and blames me it’s my fault that she has no diploma but when she was young i was from 10 and 12 hours per day.thats another long story, now last year I had a brain tumour the cancer came from my lung so I had half of my right lung took out I’m now 69 and not so healthy my wife still like cat and dog with my daughter and I mostly take my daughters side now my wife said she can’t live with us no more and she is going back to poland my daughter said she was on the phone with her brother saying she will sell something and buy something in Krakow oh we also have a small studio but everything is in her name but with my family name mr&mrs T F can she sell this without my permission thank you with kind regards TF

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