A divorce cost in Poland

04.12.2022

A divorce cost in Poland

The price of a divorce depends on many factors: the complexity of the case, the extent of the evidence, the motions filed by the parties during the case, possible mediation, etc. A significant part of the total cost is also the cost of a professional attorney – a lawyer.

When starting a divorce case, you have to expect considerable costs. The fixed fee for filing a divorce petition is PLN 600. This fee should be paid to the competent court.

If the court in the course of divorce proceedings is also to divide the property, you must pay an additional fee of PLN 300 or PLN 1,000 (depending on whether the draft method of property division is agreed or not).

If a party in a divorce proceeding is to be represented by a lawyer, a stamp duty on the power of attorney in the amount of PLN 17 should be paid to the relevant city office. The attorney’s fee is determined with each client individually.

You should also be aware of the possibility of filing with the petition a request for exemption from court costs in whole or in part – you should then attach to the petition a statement of family and property status. Exemption from court costs is not an exemption from reimbursement of the opposing party’s attorney’s fees if you lose in the lawsuit. Persons in difficult financial circumstances may apply for the appointment of an attorney ex officio.

Depending on the course of the case, it should also be borne in mind that the parties may incur costs for particular evidence (such as expert opinions).

The rule of civil procedure is that the losing party bears the costs of the trial. If one of the spouses is found solely responsible for the breakdown of the marital relationship, the innocent spouse will have to reimburse all the costs of the proceedings, if requested.

If the court rules on alimony in favor of the divorced spouse, the losing party will be ordered to pay a proportional fee on the awarded claim.

If the divorce judgment also includes a ruling on eviction or on the division of property, the court will order payment of the fee in the amount provided for the petition or application in such a case. If there has been a divorce without adjudication of guilt, half of the fixed fee on the petition (PLN 300) will be returned to the plaintiff by the court, while the other party will have to return PLN 150 to the plaintiff.

The remaining litigation costs will be divided 50-50, with each party bearing the costs of attorneys on their own.