Betrayal in marriage and property division in Poland

01.03.2024

Betrayal in marriage and property division in Poland

Betrayal in marriage, being one of the main reasons for its dissolution, evokes deep emotions and often becomes a starting point for considerations regarding fault in divorce. Although it is a deeply painful event for the betrayed spouse, traditionally its impact on the division of property after divorce has been limited under Polish law. This means that even if betrayal led to the breakdown of the relationship, it did not directly influence judicial decisions regarding the distribution of jointly acquired assets, which are generally divided equally, regardless of the reasons for the relationship’s dissolution.

However, recent judgments of the Supreme Court in Poland have introduced certain changes in the approach to this issue, indicating that circumstances leading to the dissolution of marriage, including betrayal, may be taken into account when determining shares in marital property. This means that in certain situations, where the behavior of one spouse, especially infidelity, significantly contributed to the breakdown of the marriage, the court may deem it justified to deviate from the principle of equal division of property. This change emphasizes that in some cases, moral and personal aspects may affect financial settlements, representing a significant evolution in the approach to divorce matters and property division, placing emphasis on the individual assessment of each case.

In the latest ruling of the Supreme Court in Poland (Case File No. I CSKP 1401/22), which drew public attention, a significant change in the approach to property division after divorce has emerged, especially in situations where the infidelity of one of the spouses contributes to the dissolution of the marriage. The case involved former spouses whose ten-year marriage ended in divorce due to the wife’s infidelity.

Our law firm collaborates with a detective who can gather necessary evidence confirming the infidelity of one of the spouses, such as photos, video recordings, testimonies, or electronic communication documentation. This evidence can be crucial in divorce cases where there is a need to demonstrate that the breakdown of the marriage was the result of improper actions by one of the parties, directly relating to the issue of betrayal and property division in Poland.