What are the positive grounds for divorce in Poland?

11.10.2021

What are the positive grounds for divorce in Poland?

Divorce in Poland is a sanction for the culpable behavior of a spouse and is inadmissible when it is demanded by a spouse solely guilty of marital breakdown. The Polish legislator in the 1964 Family and Guardianship Code stipulates that dissolution of marriage by divorce in Poland is permissible if there has been a complete and permanent breakdown of their marriage.

In the jurisprudence and doctrine, the view has become established that the decomposition of the spouses’ marriage is complete when all ties linking the spouses:

1) spiritual (i.e., common interests, spouses spending time together),
2) physical (i.e., intimate closeness),
3) and economic (i.e., running a house together, cooking together, shopping together, cleaning together, division of roles in shared household duties).

have irretrievably broken.

In any divorce proceeding in Poland, it must be proven that these three aforementioned ties have broken down.