Divorce and maintenance in Poland — what to know before you start

Divorce in Poland is not only the formal end of a marriage. The judgment may also decide where children will live, how parental responsibility will be exercised, what contact schedule will apply, who will pay maintenance and whether one spouse is considered responsible for the breakdown. For international couples, the first difficulty is often not the court itself, but uncertainty about jurisdiction: which country's courts have authority, what documents are needed, whether fault matters, how long the case may take and what happens if one spouse lives abroad. This guide explains the main decisions that arise in a Polish divorce case and how they differ from common-law systems familiar to clients from the UK, Ireland, the US, Canada and Australia.

→What this guide covers

1. 01When can a Polish court grant a divorce
2. 02No-fault divorce or fault-based divorce
3. 03Children in a Polish divorce case
4. 04Child maintenance
5. 05Spousal maintenance after divorce
6. 06Division of marital property
7. 07Cross-border divorces and Polish jurisdiction
8. 08When professional representation is especially important

01.When can a Polish court grant a divorce

A Polish court may dissolve a marriage if the marital relationship has broken down completely and permanently — this is the only ground for divorce under Polish law (Article 56 of the Polish Family and Guardianship Code). In practice, the court examines whether the emotional, physical and economic bonds between the spouses have ended and whether there is a realistic chance of reconciliation. There is no formal separation period required before filing, unlike in some common-law jurisdictions.

Even where the marriage has clearly ended, the court must consider three "negative grounds": whether the divorce would harm the welfare of minor children, violate basic principles of social coexistence, or be requested only by the spouse exclusively at fault while the other spouse refuses consent. These exceptions are not applied mechanically; they require careful factual assessment and rarely block divorce in practice.

Polish courts have jurisdiction in many cross-border situations under EU Regulation 2019/1111 (Brussels II ter): if either spouse has habitual residence in Poland for at least one year before filing, if both spouses are Polish nationals, or if both spouses had their last common residence in Poland and one still lives there. For non-EU clients (UK, US, Canada, Australia), Polish jurisdiction may apply if either spouse is a Polish national or habitual resident.

02.No-fault divorce or fault-based divorce

One of the most important strategic decisions is whether to request divorce without ruling on fault or to ask the court to determine who caused the breakdown of the marriage.

A no-fault divorce is usually faster (often 1–2 hearings, sometimes a single hearing), less expensive (court fee 600 PLN with 300 PLN refund on no-fault judgment) and less emotionally demanding. The court does not examine in detail who behaved wrongly; it focuses on whether the marriage has ended permanently and on the issues that must be resolved in the judgment.

A fault-based divorce may be appropriate where one spouse's conduct was serious and legally relevant: violence, long-term infidelity, abandonment, addiction, financial misconduct or deliberate failure to support the family. Fault may also matter in future spousal maintenance claims: an exclusively-at-fault spouse can never claim maintenance from the innocent spouse, and the innocent spouse has a broader claim if their financial situation significantly deteriorates after divorce.

The practical question is not only whether one spouse behaved unfairly, but whether proving fault will create a real legal benefit that justifies additional time, evidence, witnesses and emotional cost — typically 2–4 years of proceedings instead of 6–12 months.

03.Children in a Polish divorce case

If the spouses have minor children together, the divorce judgment must address parental authority (władza rodzicielska), the child's place of residence, contact with the other parent and maintenance. The court is guided by the welfare of the child, not by the convenience of the parents.

Parents may agree on a parenting plan (porozumienie rodzicielskie). If the agreement is realistic and protects the child's interests, it can make the proceedings significantly smoother. If there is a dispute, the court may hear witnesses, review documents, order interviews or obtain an expert opinion from court-appointed specialists from the Family Diagnostic and Consultation Team (OZSS).

For international families, additional questions may arise: cross-border relocation (often requiring consent of both parents or court permission), bilingual schooling, travel documents, foreign residence, enforcement of contact arrangements through the Hague Convention on the Civil Aspects of International Child Abduction, and communication between parents living in different countries.

04.Child maintenance

Both parents are obliged to support a child who cannot yet support themselves. Polish law does not set a fixed table of maintenance amounts (unlike Germany's Düsseldorfer Tabelle or UK's CMS calculator). The court considers the justified needs of the child and the earning and financial capacity of the parent who is to pay.

The child's needs may include food, housing, utilities, clothes, school, healthcare, transport, extracurricular activities, holidays, phone, internet and other age-appropriate expenses. Typical maintenance amounts in Poznan range from 800 PLN for a young child with modest needs to 3,000+ PLN for a teenager with above-average needs and a high-earning parent.

The parent's capacity is not limited to current declared income. The court may also consider what the parent could earn using their qualifications, experience and health — important for cases where one parent declares low income while running an undeclared business or living above their declared means.

In urgent situations, a request for interim maintenance (zabezpieczenie alimentów) can be filed so that the child receives support during the proceedings, before the final judgment is issued. Such requests are typically decided within 1–4 weeks.

05.Spousal maintenance after divorce

Spousal maintenance under Polish law is significantly more limited than in many common-law jurisdictions. It depends strongly on the type of divorce judgment.

If there is no ruling on fault, or both spouses are at fault, maintenance generally requires a state of need (niedostatek) — the spouse cannot meet their basic needs through their own means and reasonable efforts. This claim expires after 5 years from the divorce, except in extraordinary circumstances.

If one spouse is found exclusively at fault, the innocent spouse may have a broader claim (Article 60 § 2 of the Family and Guardianship Code) if the divorce causes a "significant deterioration" in their financial situation. This claim does not require state of need and may continue indefinitely (until the spouse remarries or dies).

This is one of the structural reasons why the decision about fault should be made after legal analysis, not only on emotional grounds — for an economically dependent spouse, proving the other's exclusive fault may be financially decisive.

06.Division of marital property

By default, Polish marriages are governed by the statutory matrimonial property regime (wspólność ustawowa) — assets acquired during marriage are jointly owned in equal shares. Pre-marriage assets, inheritances and gifts to one spouse remain separate property.

The divorce court may divide marital property only if doing so will not excessively prolong the divorce case. In more complex situations — real estate, mortgage, business assets, shares, loans or disputed contributions — property division is usually handled in separate proceedings (postępowanie o podział majątku) or by notarial agreement. Court fee for property division is typically 1,000 PLN, or 300 PLN for an agreed division.

A common misunderstanding concerns mortgages on the family home. The court may divide ownership between spouses, but the bank is not automatically bound to release one spouse from the loan. Any change to credit responsibility requires separate arrangements with the lender — often refinancing or a buy-out by one spouse.

For couples with assets in multiple countries, the matter becomes more complex. EU rules under Regulation 2016/1103 govern matrimonial property regimes; for non-EU jurisdictions, Polish private international law applies, with the law of the country of common habitual residence at the start of marriage typically governing.

07.Cross-border divorces and Polish jurisdiction

For international couples, Polish jurisdiction often applies when at least one spouse has Polish citizenship, when one spouse has been habitually resident in Poland for at least one year (six months for Polish nationals), or when both spouses had their last common residence in Poland. Where multiple countries could have jurisdiction, the rule is generally first-to-file (lis pendens under Brussels II ter).

For UK clients, post-Brexit divorces between Polish and British residents fall outside Brussels II ter; jurisdiction is determined by Polish private international law and English private international law separately, which can lead to parallel proceedings. Coordination between Polish and English counsel is often necessary.

Foreign divorce judgments (UK, US, Canada, Australia) are generally recognised in Poland under the Polish Code of Civil Procedure or relevant treaties, provided basic procedural requirements were met. Recognition is automatic for EU judgments; for others, formal recognition proceedings may be needed before remarriage in Poland or registration of the foreign divorce in Polish records.

For international clients, early advice on jurisdiction can prevent costly mistakes — filing in the wrong country first, missing deadlines under the Hague Service Convention, or failing to address foreign assets in the divorce settlement.

08.When professional representation is especially important

Professional representation is particularly important when there is a dispute about children, a request to determine fault, significant assets, a business, domestic violence, a spouse living abroad, foreign documents, language issues or an existing lawyer on the other side.

A well-prepared divorce petition can prevent months of delay. It should clearly state the claims (divorce, fault or no-fault, parental authority, contact arrangements, maintenance), the evidence supporting each claim, proposed arrangements for children, maintenance request and any interim protection needed at the beginning of the case.

For international clients, the petition should also address jurisdiction explicitly, anticipating any challenge by the other spouse, and should attach proper translations and notarisations of foreign documents (apostille required for non-EU public documents).

FAQFrequently asked questions

∎Summary and next steps

Divorce in Poland combines procedural simplicity (single ground: complete and permanent breakdown) with substantive complexity in fault, maintenance, parental authority and property division. For international couples, cross-border jurisdiction adds another dimension that can significantly affect outcomes.

Key takeaways: file in the right country first (jurisdiction follows residence and citizenship under EU rules); think carefully before requesting fault (longer proceedings but possible long-term financial benefit); separate property division proceedings are often more efficient than including division in the divorce itself; for cross-border families, coordinate Polish proceedings with parallel matters in your country of residence.