Can a marriage be entered into by proxy?

11.03.2022

Can a marriage be entered into by proxy?

For a marriage to be validly concluded, there must be the simultaneous presence of the nuptials (i.e., the engaged couple) and the requirement that declarations of intent be made in person (free of vices). An exception to these rules is the possibility of concluding a marriage by proxy (called matrimonium per procura).

In the above situation, the proxy makes a declaration on behalf of the absent nupturient. He can do so if he has a valid power of attorney, granted in writing with an officially certified signature, in which the person with whom the marriage is to be concluded is mentioned. The proxy may make such a declaration before the head of the civil registry office in Poland, the Polish consul and a clergyman of the Catholic Church, as well as of another religious association, if such a marriage is to have effect also under Polish secular law.

The power of attorney also includes the power to declare the name of the spouse and children born from this relationship. Thus, the principal must explicitly state in the power of attorney which name he or she wishes to bear and which name the children will bear.

In order to conclude a marriage by proxy, it is necessary to obtain permission from a court in Poland. The Polish court evaluates the reasons why the nuptials are requesting permission to marry by proxy.