The Polish Senate passed a bill allowing couples without minor children to divorce without court intervention, aiming to reduce court backlogs.
Divorce Without Court Increasingly Likely
The Polish Senate approved, without amendments, a new bill modifying the Family and Guardianship Code, allowing for divorce proceedings before a civil registry office.
This streamlined divorce process will be available exclusively to couples without minor children.
Senate Vote Results
Sixty senators voted in favor of the amendment to the Family and Guardianship Code, with 32 against and no abstentions.
New Regulations from the Ministry of Justice
The Ministry of Justice’s proposal enables divorce through procedures conducted before the director of the civil registry office, who will verify the statutory conditions for a no-fault divorce and make the appropriate entries in the civil registry.
The procedure will be available only to couples without common minor children and provided the spouse is not pregnant.
Rationale for the Changes
Deputy Minister of Justice Sławomir Pałka explained that the changes aim to alleviate the burden on courts in cases where there is no dispute.
The solution will be available only to couples who agree to separate, have no children, and have been married for at least one year, to prevent hasty decisions.
Eligibility for No-Fault Divorce
The Deputy Minister clarified that the formalities related to a no-fault divorce can be completed at any civil registry office.
The procedure requires a simultaneous, two-time appearance: first to submit an assurance of the grounds for divorce, and then, after a month (but before six months), to submit a certificate of dissolution of marriage.
Director’s Responsibilities
The new law requires the director of the civil registry office to advise the spouses on the importance of marriage, similar to the marriage ceremony.
When Court Divorce Remains Necessary
If obstacles arise to a no-fault divorce, couples can still pursue divorce through the courts.
Arguments for Legal Changes
Proponents of the changes cite easier access to civil registry offices, a significant acceleration of the divorce process, and lower costs as benefits, with fees contributing to municipal budgets.
Current Divorce Requirements
Currently, marriage can only be dissolved by a court order.
A complete and permanent breakdown of the marriage is a necessary condition for divorce, meaning the cessation of physical, economic, and emotional ties.
Dissolution of the marriage is only possible when there is no family relationship between the spouses and no prospect of its renewal.
Restrictions on Divorce
Divorce is not permissible if it would harm the welfare of common children, if it is contrary to the principles of social life (e.g., when one spouse is seriously ill), or if it is initiated solely by the spouse guilty of the breakdown of the marriage, unless the other spouse agrees or their disagreement is against the principles of social coexistence.
(PAP)
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