Court consent to marry a foreigner – documents

In 2022 A record number of marriages with foreigners were concluded in Poland. There was a particularly significant increase in the number of marriages between Poles and Ukrainian women. In Polish and international law there is the principle of freedom to contract marriages. Polish regulations indicate what documents are needed to marry a foreigner. The possibility of a foreigner marrying is regulated by his native law. In special situations, court consent is required to marry a foreigner in Poland . How a foreigner can marry a Pole in Poland?

 

How to marry a foreigner

A Polish citizen who wants to marry a foreigner in Poland must personally present his or her identity document to the head of the Civil Registry Office. This can be an ID card and a passport.

In addition, a shortened copy of the birth certificate and proof of termination or annulment of the marriage must be submitted if she was previously married.

A polish citizen intending to marry a foreigner also submits a written declaration. An assurance is a declaration that a person does not know about the existence of circumstances excluding the conclusion of marriage.

A foreigner has more responsibilities. In particular , the foreigner must present a document issued by the home country indicating that he or she can enter into marriage. If it is impossible to obtain this document, then this condition can be fulfilled by obtaining a court exemption from presenting this document.

 

Marriage with a foreigner – what documents are needed

A foreigner who intends to marry a Polish citizen must present the documents required by law . The documents required from a foreigner are regulated by Art. 79 of the Act on Civil Status Records (Journal of Laws of 2014, item 1741).

Pursuant to Art. 79 above Act, a foreigner intending to enter into marriage submits:

1. assurance that there are no circumstances excluding the conclusion of marriage;
2. a copy of the birth certificate , and if he was previously married – a copy of the marriage certificate with a note on its termination, annulment or declaration of its non-existence, or a copy of the marriage certificate with a document confirming its termination or annulment or a document confirming the declaration of the non-existence of the marriage, if on the basis of the other submitted documents, it is impossible to determine the data necessary to prepare a marriage certificate;
3. a document stating that he can enter into marriage in accordance with applicable law .

Moreover, a foreigner must present a document confirming his or her identity – a passport or a residence card if he or she has a permanent place of residence in Poland.

All documents must be presented in the original together with a translation prepared by a sworn translator.

 

No foreign document needed to marry a foreigner

Some countries do not issue the certificate required by Polish registry offices. This includes, among others: countries such as:

Albania, Saudi Arabia, Argentina, Australia, Bangladesh, Bolivia, Croatia, Egypt, Ecuador, Estonia, Ethiopia, Ghana, Greece, Guyana, Guatemala, Spain, Honduras, India, Indonesia, Iraq, Iran, Israel, Cambodia, Cameroon, Canada , Colombia, Korea, North Korea, Kuwait, Lesotho, Lebanon, Libya, Lithuania, Macedonia, Mali, Malta, Morocco, Namibia, Pakistan, Panama, Peru, South Africa, Romania, Serbia, Singapore, Sri Lanka, United States of America (USA) , Syria, Ukraine , Zambia, United Arab Emirates.

In such a situation, the foreigner cannot submit the required certificate.

 

What if, for other reasons, a foreigner cannot obtain a certificate necessary to get married in Poland?

There are two situations when a foreigner cannot present to the head of the registry office the necessary document issued by the home country confirming that there are no obstacles to marrying a Polish citizen:

– the foreigner’s home country does not issue the necessary document

– there are actual obstacles to obtaining such a document

In both situations, Art. applies. 79 section 2 of the Civil Status Records Act.

This provision states that:

If receipt of the document referred to in section 1 point 3, encounters obstacles that are difficult to overcome, the court in non-litigious proceedings, at the request of the foreigner , may exempt him from submitting this document. In proceedings to exempt a foreigner from submitting a document, the court determines, on the basis of applicable law, whether a foreigner may enter into marriage with a Polish citizen .

The distance from the home country or the high costs of obtaining a certificate cannot be considered as actual obstacles to obtaining such a document.

Actual obstacles may include hostilities in the home country or threatened repression and persecution related to returning to the home country (e.g. citizens of Belarus ).

 

Court consent to marry a foreigner

Therefore, if the foreigner’s home country does not prepare the certificate required in Poland or there is an actual obstacle to obtaining such a document, then, at the request of the foreigner, the Polish court may grant an exemption from the obligation to submit to the registry office the document needed to enter into marriage.

 

How to write a letter to the court requesting consent to marry a Ukrainian, Belarusian or other foreigner

An application to the court is prepared by a foreigner or his representative – for example, a lawyer for foreigners.

The application must meet all the requirements of a procedural document, and therefore must include:

– title of petition

– proper name of the court

– a precisely defined request

– indication of the facts on which the foreigner bases his request

Additionally, it is worth attaching to the application:

– copy of the foreigner’s identity card (passport, temporary residence card )

– birth certificate of a foreigner with a sworn translation

– birth certificate of the person with whom the foreigner intends to get married

 

Application for a marriage license with a foreigner – to which court?

The competent court is the family and guardianship department of the district court for the foreigner’s place of residence.

After the court issues its decision, you must wait 7 days for it to become final. Then you need to obtain a copy of it with a finality clause. A copy of the decision should be submitted to the head of the Civil Registry Office .

 

A wedding between a Pole and a Ukrainian woman – how to arrange it step by step

From January 1, 2011, Ukraine does not issue certificates in a form recognized by Polish registry offices. If a Pole intends to marry a Ukrainian woman , the future spouse must submit an application for the foreigner to be exempt from submitting proof of legal capacity to marry.

The application should indicate that Ukraine does not issue certificates required by Polish law.

After obtaining a final decision, you should go to the registry office to complete further formalities.

If a Ukrainian woman was previously married, she should also obtain a Ukrainian document on the termination of her previous marriage.

Then, the Pole and the Ukrainian woman should appear before the head of the Civil Registry Office together with the other previously mentioned documents to verify the correctness and completeness of the documents and to provide appropriate assurances.

 

The wedding of a Pole with a citizen of Belarus – how to arrange it step by step

The current political situation in Belarus makes Belarusian citizens staying in Poland afraid of returning to Belarus and even afraid of visiting the Belarusian consulate. Concerns may include potential political persecution, and in the case of men, they may include forced conscription into the Belarusian army. These are significant obstacles to obtaining the document necessary to marry a Polish citizen.

In such a case, a citizen of Belarus may submit an application to the Polish court to exempt him from submitting proof of legal capacity to marry. After obtaining a final decision from the family court and there are no other obstacles, a citizen of Belarus may marry a citizen of Poland.

 

Court consent to marry a foreigner – with a lawyer it is more efficient and faster

A foreigner may submit an application to the court himself. An application may also be submitted on behalf of a foreigner by a representative – a legal adviser for foreigners .

Although court proceedings to exempt a foreigner from submitting proof of legal capacity are not complicated, seeking the help of a lawyer for foreigners may be a good solution for several reasons:

– the application will be prepared correctly

– the application will be sent to the competent court

– the court will not have to complete the evidentiary proceedings, so you will receive the court’s consent very quickly.

Our law firm for foreigners from Wrocław handles such cases throughout Poland! Contact us for legal advice on how to quickly obtain court consent to marry a foreigner.