Can the Divorce Court in Poland deal with the division of property?

16.06.2022

Can the Divorce Court in Poland deal with the division of property?

One of the consequences of divorce is the need to divide joint property of spouses. We often hear the question from our clients: can the division of property be done only by the Divorce Court in Poland or can such a division be dealt beyond the courtroom?

The division of joint property of spouses in Poland can be carried out as follows:

1) in a divorce decree (i.e. in a trial) at the request of one of the spouses,
2) after the divorce verdict has become final in a separate proceeding,
3) by bilateral agreement signed by spouses.

In accordance with art. 58 § 3 of the Family and Guardianship Code in Poland, at the request of one of the spouses, the Divorce Court may divide joint property in a divorce verdict, if such division does not cause excessive delay in the proceedings.

In other words, in happens when there is no dispute between spouses. To develop agreement between the spouses, it is worth using the help of a divorce lawyer who will advise you on the best property distribution proposal, including repayments, subsidies and the possibility of dividing them into installments.

In a situation where the parties are in dispute on the division of property, the Divorce Court will not deal with this issue in the course of divorce proceedings. It means that the divorced spouse will be left to initiate separate proceedings for the division of property.