What is divorce by mutual consent in Poland?

10.04.2023

Divorce by mutual consent in Poland is the colloquial name for divorce without an adjudication of fault.

In a situation where you have jointly decided to divorce, this will be by far the best option for both of you. One of the advantages of such a divorce is the short duration of court proceedings, saving money and unnecessary stress.

The basic condition for the court to grant a divorce is the complete and permanent cessation of
bonds between the spouses:
1) emotional bond (spending time together, interests, attachment),
2) physical bond (physical closeness),
3) economic bond (joint household management).

The Polish court must establish these circumstances even if the spouses establish by agreement that such bonds between them have ceased, so in any divorce case – even by agreement – the court in Poland will have to schedule a hearing and question the spouses to establish that there has indeed been a permanent and complete breakdown of the marriage.

If the divorcing spouses have minor children in common, they should agree on their place of residence, as well as on the amount of alimony. You also need to consider regulating the rules and frequency of contact with the children to avoid unnecessary misunderstandings in the future.

Within the framework of contact with children, the so-called alternate custody is popular. Alternate custody, as the name implies, involves the children living periodically with their mother and periodically with their father, e.g. two weeks with one parent, another two weeks with the other. Arranging contact with the children in an alternating manner, so that each parent has equal custody of the children, is possible, only in a written agreement between the parents on parental authority and parental contact with the child. The court in Poland shall take into account the written agreement of the spouses on how to exercise parental authority and maintain contact with them after the divorce, if it is consistent with the welfare of the children.

The Polish court in a divorce case may or may not rule on the division of joint property. Therefore, if you want to avoid an additional case on the division of property, it is worthwhile to take care right away to identify the exact components of the joint property and to indicate to whom they will fall after the divorce.