Government proposes out-of-court divorce option at civil registry offices to reduce court caseload.
Out-of-Court Divorce Requirements
A divorce before a civil registry office head will be possible if spouses agree to end the marriage, have at least one year of marriage, no minor children in common, and their marital relationship has completely and permanently broken down. Only Polish citizens or residents may use this option.
The procedure has two stages: spouses first submit written assurances to any civil registry office that they meet out-of-court divorce conditions, valid for six months. At least one month later, they submit consistent declarations of intent to dissolve the marriage before an office head.
The divorce becomes valid when declarations are submitted and the office head adds a dissolution note to the marriage certificate. The authority verifies conditions are met and makes appropriate entries in the civil registry.
Benefits and Support
The Ministry of Justice initiative aims to relieve district courts handling all divorce cases, allowing them to focus on complex proceedings involving children and parental conflicts. This promotes out-of-court methods for resolving civil matters.
Judges support the proposal, noting it helps people quickly settle life matters without harm. It also eliminates logistical burdens as civil registry offices are in every municipality, unlike distant district courts.
Anna Begier, a district court judge, praises safeguards including criminal liability for false statements. She supports the one-month period between assurances and declarations to allow time for consideration.
Criticisms and Concerns
Legal professionals question verification mechanisms for the divorce process. Lawyer Milena Maciejewska doubts whether registry heads can assess if marital relations have completely broken down.
She expresses concerns about potential non-uniform practices and whether simplified procedures could increase fictitious marriages due to quick dissolution options.
The lawyer warns of risks that one spouse might be induced to make specific statements, arguing the project lacks provisions ensuring equal legal protection.
Future Reforms: Notarial Divorces
Additional reforms are underway. The Ministry of Justice is developing a project to introduce notarial divorces, following potential experience with civil registry divorces.
Deputy Minister Sławomir Pałka indicates notarial divorces could be available even to couples with children if they regulate all child-related matters in a notarial parental agreement.
Legislative Process
The government bill amending the Family and Guardianship Code concerning out-of-court divorces will have its first reading in the Sejm this week.
New regulations will come into force 12 months after announcement in the Journal of Laws.
