Hello ont-ga,
I have found a detailed article about the divorce law in Poland at:
http://www.law.uu.nl/priv/cefl/Reports/pdf/Poland02.pdf
“GROUNDS FOR DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES – POLAND”
by Prof. Andrzej Maczynski and Dr. Tomasz Sokolowski of Jagiellonski
University, Kraków, Adama Mickiewicza University, Poznan, and Gdanski
University, Gdansk. October 2002
It is a national report prepared for the Commission on European Family
Law.
Here are some summaries and extracts of relevant sections:
“In Polish law divorce is regulated by the statute of 25 February 1964
– The Polish Family and Guardianship Code, which came into force on 1
January 1965.”
“Polish law now firmly adheres to the notion of the dissolution of a
marriage by a court judgement as a result of the irretrievable and
complete disintegration of matrimonial life (the so-called ‘positive’
prerequisite for divorce). Increasingly precise is the regulation of
those situations in which, despite the existing disintegration of
matrimonial life, the divorce cannot be granted (the so-called
‘negative’ prerequisite of the divorce).”
In 1995, an attempt was made to introduce legislation which, in the
case of a childless marriage, would permit divorce at the request of
one of the spouses, without having the court establish whether the
marriage had really disintegrated and without taking into account the
views of the other spouse. However, this did not succeed, because it
was seen as depriving an innocent spouse of protection.
“The positive prerequisite for divorce is – as provided in Article 56
§ 1 Polish Family and Guardianship Code – ‘the irretrievable and
complete disintegration of matrimonial life’. This complete
disintegration will consist of a lack of any spiritual, physical and
economic bonds between the spouses. According to the view of the
Supreme Court, however, some elements of an economic bond may remain
due to the specific circumstances”
There is no need to show that the disintegration is due to a specific
cause.
However, the court will not grant a divorce if any of the following
apply:
- “it is detrimental to the welfare of the common minor children of
the spouses (Article 56 § 2 Polish
Family and Guardianship Code)”
- “granting the divorce would be contrary to the principles of social
intercourse (Article 56 § 2 Polish Family and Guardianship Code)”
- “it has been requested by the spouse who is the sole guilty party
for the disintegration of matrimonial life, unless: the other spouse
has expressed his or herconsent thereto , or the refusal of such
consent by the other spouse is - in the given circumstances - contrary
to the principles of social intercourse (Article 56 § 3
Polish Family and Guardianship Code)”
11.8% of all applications for a divorce are rejected by the Polish
courts.
The court establishes whether complete disintegrationof matrimonial
life has occurred. The general rules are that the decision cannot be
based purely on claims made by the person seeking the divorce. The
court is obliged to hear testimonies from both parties.
“Establishing guilt in the disintegration of matrimonial life –
although it is not a positive prerequisite for a divorce – remains an
important aspect in divorce proceedings. When hearing the case for a
divorce it is
a duty of the court to establish which of the spouses – if any – is to
be blamed for the disintegration of matrimonial life (Article 57 § 1
Polish Family and Guardianship Code).”
“it is inadmissible to decide on a divorce at the request of a spouse
to whom sole guilt can be attributed”
Both parties are required to attend a “reconciliation sitting” with a
judge who will encourage them to consider reconcilement. The judge
can also order them to consult a specialist or can send them to a
family guidance centre.
“as a consequence of the considerable backlog in the Polish courts -
there is usually a considerable period of time between lodging the
petition of divorce at the court and the date of the first hearing,”
“A divorce will not be granted, if, as a consequence, it is
detrimental to the welfare of the common minor children of the
spouses. The welfare of the children is a strict negative prerequisite
of divorce. Grave financial or moral hardship to one spouse may
exclude the divorce if the court finds it to be contrary to the
principles of social intercourse”
The document also details the law on maintenance payments.
I also found an article from the Warsaw Voice of March 3, 2002
“Divorce Polish Style” http://www.warsawvoice.pl/old/v697/News03.html
A lawyer who deals with divorce cases is quoted as saying: “For 70
percent of the divorce cases in Poland, guilt is not decided upon.
"This is the simplest and fastest solution. If both of the spouses
reach an ageement concerning alimony and a possible division of joint
property, the proceedings last no longer than several months," said
Malinowski. Problems appear without such an agreement, when the court
has to decide division of property, and also to establish the guilt of
either spouse; in extreme cases, it could drag on for years.”
The article continues:
“The word "divorce" is absent from Church legislation and terminology.
Catholics are expected to treat marriage as inseparable and binding
till death. In reality, however, more and more people are departing
from this ideal. Kośnik admitted that divorces-and also civil
re-marriages-are accepted by a large part of the Catholic community,
which cannot be reconciled with the teachings of the Church.”
Father Stefan Kośnik is a Catholic priest and the head of the
Warsaw Metropolitan Court.
“To the faithful whose marital life has become unbearable, the Church
proposes separation, which relieves them of the duty of maintaining
"the bond of the table, bed and family life," while precluding the
possibility of entering into a new relationship.”
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