Polish Supreme Court rules that while religious freedom is constitutionally protected, changing faith can be considered in divorce fault proceedings.
Divorce and Change of Religion: What Does the Law Say?
According to law, divorce can be granted by the court when a permanent and complete breakdown of marital relations has occurred between spouses. In practice, this means the court checks whether physical, emotional, and economic bonds between the wife and husband have ceased, with no chance of rebuilding them and returning to shared life.
Can the decision to convert to another religion affect the breakdown of marital relations and determine who is at fault for the collapse of the marriage? A Supreme Court judgment shows that while freedom of religion is a constitutional right, its consequences in family life may be relevant in divorce proceedings (case no. IV CK 609/03).
From Shared Faith to Deep Conflict and Divorce
In this case, the spouses married in the late 1970s, declaring affiliation with the Catholic Church. For many years, they jointly participated in religious practices and raised their children according to their accepted tradition.
The situation changed when the wife began to show interest in Jehovah’s Witnesses activities. Over time, she became involved in this community’s life and then formally changed her religion. The husband initially tried to familiarize himself with his wife’s new religion, but ultimately rejected its principles and opposed their introduction into family life, particularly in terms of child-rearing.
Differences in worldview proved difficult to reconcile. Regular disputes began to appear. Physical bonds gradually disappeared, the emotional relationship weakened, and joint functioning in the economic sphere became purely formal. Eventually, a complete and permanent breakdown of the marriage occurred.
Freedom of Religion vs. Marital Obligations: Where Is the Limit?
During divorce proceedings, the key issue became determining who is responsible for the breakdown of marital relations. The wife argued that she exercised her right to freedom of conscience and religion, and her husband’s negative attitude toward her decision led to the deterioration of family relations. Her husband had a different view.
However, courts of both instances ruled that it was her actions that were the decisive factor leading to the breakdown of the marriage. The cassation appeal did not change this position – the Supreme Court upheld the previous rulings.
Divorce and Change of Religion: Can the Court Rule Fault for Changing Religion?
The Supreme Court judgment does not question the individual’s right to choose or change religion. Freedom of conscience and religion is constitutionally guaranteed and includes both the sphere of beliefs and their external manifestation.
At the same time, it pointed out that marriage is based on certain obligations – loyalty, cooperation for the good of the family, and joint child-rearing. If a change in worldview leads to serious and lasting conflicts in these areas, it may become an element of assessing fault for the breakdown of marital relations.
Key Conclusions from the Supreme Court Judgment?
In divorce proceedings, not only the individual’s formal rights are analyzed, but also their actual impact on the functioning of the marriage. The boundary between personal freedom and responsibility for the family community can be exceptionally delicate in such cases.