This page explains how an English-speaking divorce lawyer (radca prawny) can act for you in a divorce connected with Poland. We represent foreign spouses and people divorcing a Polish partner, advising on jurisdiction, conducting the case from the petition to the final judgment and dealing with children and property, and can represent you without you travelling to Poland.

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Can a foreigner get divorced in Poland?

Yes. You do not need to be a Polish citizen to divorce before a Polish court. What matters is whether a Polish court has jurisdiction over your case, which usually depends on where the spouses habitually live or on their nationality – not on nationality alone. A British, Irish, German, Dutch, Norwegian, American or other foreign national can divorce in Poland when the legal conditions are met.

This guide is a practical overview for foreigners whose divorce is connected with Poland: when Polish courts can hear the case, how the procedure looks in practice, and the related questions – jurisdiction, applicable law, children and money – that should be considered from the very start. Each of these has its own detailed guide linked at the end.

When do Polish courts have jurisdiction?

For couples with a link to the European Union, jurisdiction in divorce is governed by the Brussels II ter Regulation (Regulation (EU) 2019/1111), which applies in EU Member States except Denmark to proceedings started on or after 1 August 2022. It sets out several alternative grounds, so more than one country may be competent at the same time.

In practice, a Polish court will usually have jurisdiction in situations such as: both spouses habitually reside in Poland; Poland was the spouses’ last common habitual residence and one of them still lives there; the respondent lives in Poland; on a joint application, either spouse lives in Poland; the applicant has lived in Poland for at least a year before filing (or at least six months if the applicant is a Polish national); or both spouses are Polish nationals, even if they live abroad.

Because these grounds are alternative, you may be able to divorce in Poland or in another country. Where there is a choice, the decision should be made deliberately, because countries differ on fault, maintenance, the speed of proceedings and how property is divided.

Is Poland the right country in which to start?

Jurisdiction being available is not the same as Poland being the best forum. The fact that one spouse is Polish, that the marriage was celebrated in Poland, or that the couple owns property here does not by itself answer every question.

Before filing, it is worth establishing:

  • where each spouse is habitually resident, and for how long;
  • the nationalities held by both spouses;
  • whether proceedings have already started in another country;
  • where the children are habitually resident;
  • whether maintenance or parental matters may fall to a different court;
  • where the judgment will later need to be recognised or used.

In cross-border cases the court that grants the divorce does not necessarily decide every related issue. Jurisdiction over children, maintenance and property should be checked separately, because each can follow its own rules.

Starting in the wrong country can mean delay, avoidable translation costs, or a dispute about jurisdiction itself. Where two courts could hear the case, the timing of the first filing may also matter.

Which court hears the case and how it starts

Divorce in Poland is decided by the Regional Court (Sąd Okręgowy), sitting as a court of first instance. The case begins with a written petition that sets out what you ask for and why, accompanied by the marriage certificate and, where there are minor children, their birth certificates. The court examines whether the marriage has broken down completely and permanently.

The court can grant the divorce with or without a ruling on fault. Where there are minor children, it also decides on parental authority, contact and child maintenance, and addresses the use of a shared home where relevant.

Language, documents and translations

Proceedings are conducted in Polish. If you do not speak Polish, you can still take full part: your lawyer files and argues the case, and a sworn (court) translator is used where needed, including at hearings. Foreign documents – such as a marriage certificate issued abroad – are submitted with a sworn translation into Polish, and some documents may need an apostille or legalisation depending on the country of origin.

Preparing clean, properly translated documents at the outset avoids adjournments and keeps the case moving.

Children: parental authority, contact and maintenance

In a divorce involving minor children, the Polish court decides on parental authority, the child’s residence, contact with each parent and child maintenance. The guiding principle is the welfare of the child. Parents can present an agreed parenting plan, which the court will consider.

Where a child has been taken to Poland, or kept in Poland, without the other parent’s consent, this is a separate matter that may fall under the 1980 Hague Convention rather than ordinary divorce – see the dedicated guide on child abduction to Poland.

Money: maintenance and division of property

Two financial questions often arise. The first is maintenance: child maintenance is dealt with in the divorce, and maintenance between former spouses may also be claimed, in some situations linked to a ruling on fault. The second is the division of matrimonial property, which can be decided in the divorce in limited circumstances or, more often, in separate proceedings – particularly where there are assets in more than one country.

Identifying early where the assets are and which law governs the matrimonial property regime helps avoid surprises later.

Do you have to come to Poland?

Often your personal attendance can be limited. Documents are filed in Poland and your lawyer represents you throughout, and in suitable cases participation by video link may be possible. The court may nevertheless wish to hear the spouses at least once, so some involvement is usually expected.

Information to prepare before the first consultation

A useful initial assessment needs more than a statement that one spouse wants a divorce. Where available, it helps to have:

  1. the date and place of the marriage;
  2. the nationality of both spouses;
  3. current and previous countries of residence;
  4. the date on which the spouses separated;
  5. information about any children, and where they live;
  6. details of proceedings pending in any country;
  7. a copy of the marriage certificate;
  8. any prenuptial or marital-property agreement;
  9. a summary of the main assets and debts;
  10. what you want to achieve on fault, children, maintenance and property.

Documents issued abroad may need a sworn translation, an apostille or legalisation. It is worth confirming which documents are actually required before commissioning translations, because not everything is needed at the first stage.

How a Polish lawyer helps

A Polish lawyer assesses whether Poland is the right forum, prepares and files the petition, arranges sworn translations, handles service of documents abroad, and represents you before the Regional Court. Where more than one country is competent and timing matters, early advice can be decisive.

Discuss a divorce connected with Poland

To assess jurisdiction and the next procedural step, it helps to send a short chronology of the marriage, the countries in which both spouses live, information about the children, and details of any proceedings already started abroad.

Contact an English-speaking lawyer in Poznań

Frequently asked questions

Do I need to live in Poland to divorce here?

Not necessarily. Jurisdiction usually depends on the spouses’ habitual residence or common nationality, not on currently living in Poland. The exact ground is checked case by case.

Can the divorce be handled if I live abroad?

Often yes. Documents are filed in Poland and a lawyer represents you; personal attendance can frequently be limited, and video participation may be possible, though the court may wish to hear the spouses at least once.

Which law will the Polish court apply?

Poland is not a Rome III country, so a Polish court determines the applicable law under Polish conflict rules – often the spouses’ common national law. This can differ from the result in other EU states.

Will a Polish divorce be valid in my country?

Within the EU, a Polish divorce is recognised under the Brussels II ter Regulation. Outside the EU, recognition follows the other country’s rules, so it should be checked in advance.