Divorce Decree – Recognition of Foreign Judgment and Need for Certified Translation

What is divorce and a divorce decree?

Separation and formal termination of marriage is often a difficult and complicated process. The key document confirming the dissolution of marriage is the divorce judgment, commonly called a divorce decree. Understanding what this document is and what information it contains is the first step to dealing with formalities, especially when international procedures are involved.

Types of divorce in Polish law

Polish law provides for two basic modes of dissolving marriage through divorce:

• Divorce with fault determination: In this case, the court determines which spouse (or both) bears fault for the permanent and complete breakdown of marital life. A fault ruling can have significant consequences, e.g., regarding alimony obligations to the former spouse.
• No-fault divorce (by mutual consent): If spouses agree on the decision to separate and its conditions, they may petition for divorce without fault determination. This form is usually faster, less expensive, and less emotionally burdensome.

When can the court grant a divorce?

The basic prerequisite for granting a divorce is permanent and complete breakdown of marital life. This means that all bonds connecting the spouses have ceased: emotional, physical, and economic, with no prospects for their restoration. However, it's worth remembering that the court may refuse to grant a divorce, even if marital breakdown has occurred, if the divorce would harm the welfare of the spouses' minor children, or if granting the divorce would be contrary to the principles of social coexistence for other reasons.

What does a divorce judgment contain? Key information

A certified copy of a final divorce judgment is an official court document that specifies all decisions related to the termination of marriage. Typical elements of a divorce judgment include:

• Declaration of marriage dissolution through divorce, indicating whether it occurred with fault determination (and whose), or without fault determination.
• Decisions regarding parental authority over minor children (e.g., to whom authority is entrusted, whether it's limited for one parent).
• Determination of children's place of residence.
• Regulation of parental contact with children.
• Establishment of child support amount from the parent who will be obligated to pay it.
• In some cases, rules for using the shared residence by former spouses after divorce.
• Upon joint request of the parties, the court may also divide joint property in the divorce judgment, provided this doesn't cause excessive delay in proceedings.
• Possible alimony award from one spouse to the other.
• Decision on divorce proceeding costs.

Having a copy of the divorce judgment is essential for settling many official matters. If the judgment was issued abroad, its recognition in Poland becomes crucial, and very importantly, ensuring its professional certified translation. You can read more about which documents most often require certified translation in another article.

Separation vs. divorce – what are the main differences?

Although both separation and divorce mean breakdown of marital life, there are fundamental legal differences between them:

• Permanence of marital breakdown: Granting divorce requires permanent and complete breakdown of marital life. For separation, complete breakdown is sufficient (it doesn't have to be permanent, meaning there's theoretical possibility of spouses returning to each other).
• Possibility of remarriage: Divorce definitively ends marriage and gives former spouses the right to enter new marriages. Separation doesn't dissolve marriage but only "suspends" some of its effects – people in separation cannot remarry. If you're planning a wedding abroad after divorce, make sure what documents will be required.
• Return to previous surname: After divorce, the spouse who changed their surname as a result of marriage can return to the surname used before marriage. Separation doesn't provide this possibility.
• Mutual assistance obligation: In case of separation, spouses still have mutual assistance obligations if equity requires it.

The procedure for obtaining separation is often less complicated and cheaper than divorce proceedings, especially if parties agree.

How do divorce proceedings work in court?

Divorce cases are heard by district courts in adversarial proceedings. Either spouse may file a divorce petition. It's worth remembering that this is a highly personal proceeding.

Although not mandatory, many people decide to use the help of a professional attorney (lawyer or legal counsel) specializing in family law. An experienced lawyer can help formulate the petition, gather evidence, and represent the party in court, which often increases chances of obtaining favorable decisions, e.g., regarding alimony or child custody.

A key element of divorce proceedings is the examination of parties (spouses). The court may also examine witnesses. Often the case requires several hearings. In some situations, the court may refer spouses to mediation aimed at amicable resolution of disputed issues. Proceedings end with a judgment, from which parties have the right to appeal.

How much does divorce cost? Sample court fees (as of May 2024)

Costs related to divorce proceedings can vary, but certain court fees are fixed. As of May 2024, you should expect the following expenses:

• Fixed fee for divorce petition: 600 PLN. It's worth knowing that in case of granting divorce upon joint request of parties without fault determination, the court refunds half of this fee (300 PLN) to the plaintiff after the judgment becomes final.
• Fee for joint property division request: If the property division request is filed within divorce proceedings, the fee is 1000 PLN. If parties present an agreed division project, this fee is lower at 300 PLN.
• Potential additional costs: These may include costs of court expert opinions (e.g., psychologist, psychiatrist, property appraiser), mediation fees, and legal representation costs if we decide to use a lawyer or legal counsel.

Remember that court fee rates and other costs may change. It's always recommended to verify current information directly with the appropriate court or on official Ministry of Justice websites.

Recognition and registration of foreign divorce judgment in Poland

Did you get divorced abroad? For such a judgment to be fully effective and recognized in Poland – for example, so you can remarry or settle other official matters – it's necessary to properly "introduce" it into the Polish legal system. This process is called recognition or registration of a foreign divorce judgment.

Divorces from EU countries (except Denmark) – simplified procedure

Good news for people whose divorce was granted in another EU member state (except Denmark) after May 1, 2004! Thanks to EU regulations (currently mainly Council Regulation (EU) 2019/1111, so-called Brussels II ter), such judgments are generally recognized in Poland automatically, without the need for special court proceedings for recognition.

However, for the fact of divorce to be formally noted in Polish civil status records (e.g., by adding a note to the marriage certificate), you must contact the appropriate Civil Registry Office (usually the one where the marriage certificate was prepared). Usually the following documents will be needed:

• Application for transcription (registration) of foreign divorce judgment or for entering an additional note.
• Original foreign divorce judgment or its officially certified copy.
• Complete certified translation of the judgment into Polish. This is an absolutely crucial document!
• In many cases, a special certificate issued by the court of the state where the judgment was rendered (according to art. 39 of the aforementioned regulation) will be helpful and sometimes required – it must also be certified translated.
• Proof of tax payment (currently 11 PLN for entering a note – worth confirming with the Civil Registry Office).
• Identity document for inspection.

If the divorce was granted in absentia (one party didn't participate in proceedings), the Civil Registry Office may require additional documents confirming that the absent party was properly notified about the case or accepts the judgment.

Divorces from non-EU countries, Denmark, or older judgments

For divorce judgments issued in countries not belonging to the European Union, in Denmark, or if the judgment from an EU country was rendered before certain dates (e.g., before that country's EU accession or before May 1, 2004), the procedure is more formal. Such judgments require court proceedings for recognition in Poland.

The application for recognition of a foreign divorce judgment is filed with the district court competent based on current or last place of residence in Poland. If there's no such place, the District Court in Warsaw has jurisdiction. The application should include:

• Original foreign divorce judgment or its officially certified copy.
• Document confirming the judgment's finality (unless finality is evident from the judgment's content).
• Complete certified translations of all foreign-language documents submitted into Polish.
• Copy of Polish marriage certificate (if it was concluded in Poland or registered here).
• Court fee for the application (its amount should be checked with the court).

Regardless of the procedure path, certified translation is an indispensable element. It must be performed by a sworn translator listed by the Minister of Justice of the Republic of Poland or, in some cases, by an authorized translator from an EU country.