When you cannot get a divorce in Poland?

01.08.2022

When you cannot get a divorce in Poland?

The Family and Guardianship Code in Poland provides that divorce is not admissible if:

– the welfare of the spouses’ minor children is affected as a result,
– it would be contrary to the principles of social coexistence.

What does it mean?

First of all, it is important for the court to examine the family atmosphere. If the breakdown of a marriage is accompanied by constant quarrels and quarrels, or physical violence occurs, it would be difficult to recognize that the welfare of children would suffer as a result of their parents’ divorce decree.

Secondly, the divorce verdict is inadmissible if it would be contrary to the principles of social coexistence. Such a case may be a situation when one of the spouses is terminally ill, requires material and moral protection of the spouse, and divorce would be a gross injury to her/ him.

Divorce is also not admissible in a situation where it is demanded by the spouse solely guilty of the breakdown of marriage, unless the other spouse agrees to divorce, or the court comes to the conclusion that the refusal to consent to divorce is in given circumstances contrary to the principles of social coexistence.