Divorce in Poland occurs at a lower rate than in most other European countries. Divorce requests are assessed by the court, in accordance with the positive and negative prerequisites set in the relevant law.
Law
In order for a divorce to be granted there is a need of the satisfaction of the positive prerequisite and of the negative prerequisite. Current divorce in Poland is regulated by Polish law divorce is regulated by the statute of February 25, 1964: The Polish Family and Guardianship Code, which came into force on January 1, 1965. The statute is divided into three parts, the first of which concerns matrimonial matters of marriage. The law also updated in 1999 to include legal separation.
Grounds for divorce
There is one single ground of divorce, namely "the irretrievable and complete disintegration of matrimonial life". Usually, a lack of any spiritual, physical and economic bonds between the spouses is necessary in order to prove the ground of divorce, although the Supreme Court has ruled that part of the economic bond may still remain. The existence of the ground for divorce is essential - if it is not proven, then the divorce cannot be granted.
The negative prerequisites
If the ground above is proven, the court assesses ex-officio whether there are any of the conditions which prohibit the granting of the divorce. If any of them are present, the divorce cannot be granted, even if the ground for divorce has been proven. The negative prerequisites are and 56 :
the divorce would be detrimental to the welfare of the common minor children of the spouses
the divorce would be contrary to the principles of social norms
the divorce is requested by the spouse who is solely guilty for the disintegration of matrimonial life, unless
*the other spouse consents to the divorce, or
*the refusal of the other spouse to consent to the divorce is contrary to social norms
Fault
The divorce law is fault-based. The court rulesex-officio on who is at fault for the divorce, unless the spouses requestotherwise. The court may rule that one spouse is guilty, that both spouses are guilty, or that neither spouse is guilty. Being solely at fault has two ramifications: firstly, the sole guilty party cannot be granted a divorce without the consent of the innocent spouse ; and secondly, the guilty party can be ordered to payalimony and 57.
