The divorce law in Poland
The divorce in Poland can be defined as a way to solve the existing terms of the rights of marriage, by a court decision, at the request of one or both spouses.
Due to the legal significance of the institution of marriage, which requires a formal mode of marriage, the divorce is also characterized by a high degree of formalization. This means that the procedure for granting a divorce is extensive and the actual granting of the divorce takes place only after the court proceedings and usually lasts much longer than the procedure of marriage.
Legal grounds for divorce in Poland are regulated in the Act of 25 February 1964, Family and Guardianship Code.
The divorce procedure in Poland
The divorce in Poland is granted after the court proceedings. The case is initiated brought as a lawsuit to court. The divorce application must be accompanied by a copy of the marriage certificate and when the spouses have common minor children, there must also be attached copies of the acts of their birth. There must be also prided further proof of payment of court fees.
The competent court is considered the district court in whose jurisdiction the spouses last lived together. In the absence of the base, only the courts in the place of residence of the defendant or the court in the place of plaintiff can judge the divorce case.
The reason for the divorce in Poland is a spouse who wants a divorce, called the the plaintiff, and the other spouse, the defendant.
In the case of divorce, it is necessary to be held a court hearing, which takes place behind closed doors, which means that in this meeting can participate only the parties and their representatives and the witnesses. During the hearing, it is mandatory to hear the parties, which must explain whether there has been a breakdown of the marriage and which is the situation of the minor children.
If the court finds the ability to maintain the marriage, he may refer the parties to mediation.
Alimony for minor children
The Family and Guardianship Code grants by numerous provisions the statutory principle of equal standard of living of parents and children. The spouse that raised the application for divorce may claim maintenance for the minor children. The financial situation of the parents does not exempt them from the obligation to provide alimony for the needs of children, unless they are deprived of this possibility at all. After the divorce in Poland, the spouses are forced to share with the children, even very slender income, and in extreme cases, particularly of a temporary nature, in order to meet their obligations to the maintenance, it may take up to devote part of the assets.
Property separation after the divorce
Separate property is a form of property regime, characterized by the absence of a common property of the spouses. Instead, the joint property of the spouses implies a common management of the property, It should be emphasized that the personal fortunes are, from the perspective of law, distinct from each other.
In practice, this means that each spouse has and manages its assets fully autonomously, independently of the actions taken by the other spouse. This does not mean, however, that spouses are deprived of the possibility of joint acquisition of rights and incur obligations (for example joint conclusion of the credit agreement, the purchase of an asset).
In Polish law, there are three main types of separation of property, namely: separate property by agreement, division of marital property under a court ruling and separate property of equalization accomplishments.