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

divorce in 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

24 Comments

    • Kancelaria Aleksander Stal
      Andrei
      09.03.2017, 01:04

      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.

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        09.03.2017, 14:46

        Dear Sir,

        Respecting your privacy I have sent you an email answering your questions.

        On the side I would like to mention that according to Polish law, the divorce does not affect on splitting of the common property. Shares are equal but the spouses may negotiate the way of splitting the common property. If they do not agree on that, than each one can file a summon so the judge will make the verdict on how the property will be splitted.

        Leave a reply
    • Kancelaria Aleksander Stal
      Rocio
      07.05.2017, 16:29

      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

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        09.05.2017, 14:52

        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

        Because you got divorced after 01.07.2009 in a non-EU country the divorce verdict is directly recognized by polish authorities. Nevertheless, your divorce verdict has to be registered in polish Civil Register Office.

        To help you with that we would require:
        – divorce verdict in original along with the translation made by sworn interpreter
        – certificate of marriage

        The whole procedure of registering your foreign divorce verdict would take up to 7 days.

        If you wish to use our legal services please contact us via email or phone.

        Leave a reply
    • Kancelaria Aleksander Stal
      Keyla
      02.06.2017, 00:52

      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?

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        04.06.2017, 22:46

        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?

        After the divorce the common property does not exist anymore. Anything that belonged to common property will be splitted. Usually it is 50/50 but you may decide otherwise.
        From your message I assume that the flat was bought to your common property which means that in fact both sites have 50% percent share. Though, it is quite strange that the bank gave a mortgage only to your husband.
        What you can do is sell your half to your husband and split all other common properties (furnitures, car etc). Doing so you must keep in mind that the mortgage rates during your marriage were paid from common property.

        How you can split the common property?

        Please contact our lawyers and we will prepare the plan of splitting for you. Than you will decide whether you wish to split it an notary office or you want to file for a splitting in court (this option is far more expensive and long, we do it if both parties do not agree on how the property would be deiveded).

        Leave a reply
    • Kancelaria Aleksander Stal
      W. Ayad
      17.08.2017, 01:53

      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.

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        17.08.2017, 22:02

        Dear Sir,

        Answering your questions:
        1. The child custody and visiting can be a subject of mediation between you and your wife. If you agree to share custody rights and the the child will be i.e. 2 weeks with you and 2 weeks with your wife than the court may accept that ( psychological opinion is essential). If you do not agree than probabably your daughter would stay with your wife and you may fight for the right of spending with her few days a week (possible overnight stay). You may also fight fo the right of spending holidays woth your child in Egypt – but if your wife oposses than you cannot do it. It will be treated as kidnapping.
        2. The alimony for a child at that age ranges from 500-2.000PLN. If we are talking aboit alimony for your wife than the crucial question is if you are 100% guilty for breakage of the marriage?
        3. That is a subject of divorce verdict – wether ypu share parental authority or not

        Leave a reply
    • Kancelaria Aleksander Stal
      Elzbieta Stetz
      08.01.2018, 03:01

      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!

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        10.01.2018, 11:46

        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.

        Leave a reply
    • Kancelaria Aleksander Stal
      Gabriel
      28.01.2018, 23:57

      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?

      Leave a reply
    • Kancelaria Aleksander Stal
      Hechuli
      13.02.2018, 03:13

      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.

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        07.03.2018, 14:05

        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

        Leave a reply
    • Kancelaria Aleksander Stal
      Ronda
      03.03.2018, 08:59

      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

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        07.03.2018, 14:11

        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

        Leave a reply
    • Kancelaria Aleksander Stal
      Sally
      14.03.2018, 01:37

      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

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        14.03.2018, 11:26

        Hello,

        Did You merry Your present husband in Poland and if not than whether Your marriage is registered in Poland? We can help You because there is a polish jursiduction in Your case.

        Leave a reply
    • Kancelaria Aleksander Stal
      Ritesh
      12.04.2018, 05:52

      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 ..

      Leave a reply
        • Kancelaria Aleksander Stal
          Curtis
          18.04.2018, 19:56

          Greetings,

          My name is C and I’m a foreigner live in Poland, my wife is Polish, we got married in Poland, but things went wrong and we both want to divorce. we don’t have any child, we don’t have financial issues, we just want to divorce, simple and the fastest way. Can you please tell me what should we do and how long it may take? Cuz since I don’t have any reason to stay here, I want to go back to my country as soon as possible.

          Thank you very much!
          Best Regard,
          C

          Leave a reply
          • Kancelaria Aleksander Stal
            Kancelaria Aleksander Stal
            23.04.2018, 13:16

            Greetings,

            My name is C and I’m a foreigner live in Poland, my wife is Polish, we got married in Poland, but things went wrong and we both want to divorce. we don’t have any child, we don’t have financial issues, we just want to divorce, simple and the fastest way. Can you please tell me what should we do and how long it may take? Cuz since I don’t have any reason to stay here, I want to go back to my country as soon as possible.

            Thank you very much!
            Best Regard,
            C

            Dear C,

            Thank you for your email. We can help you to divorce in the Court on one hearing.
            We represent clients from very beginning to very end. All we need is certificate of marriage to lead the case, to prepare lawsuit etc.
            If you want, we can make an appointment in our Law Office or make a phone call to discuss about your case.

            Leave a reply
    • Kancelaria Aleksander Stal
      TURKER
      25.08.2018, 02:07

      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.

      Leave a reply
      • Kancelaria Aleksander Stal
        Kancelaria Aleksander Stal
        31.08.2018, 16:52

        Since you are still married but your marriage dissolved I recommend You to initiate divorce proceedings along with claims considering parenting rights and visiting times.
        Nevertheless you’d better find a family lawyer in Bialystok or Cracow.

        Leave a reply

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