Marriage Breakdown FAQs
Can I get a divorce in Poland if I live permanently in Ireland?+
Polish Family Law provides you with two options:
-Get a divorce in Poland or,
-Get a divorce abroad.
According to Polish Family Law, if you live abroad you can get divorced in Poland provided one of the following criteria is met:
-the respondent (the person against whom the petition for divorce was filed) resides in Poland,
-the last place of residence of both spouses was in Poland and one of the spouses still lives in Poland
-the petitioner (the one who filed the petition for divorce) has lived in Poland for at least one year before the filing of the petition
-the spouse who is the petitioner is a Polish citizen and has lived in Poland for at least 6 months before the filing of the petition
-both spouses are citizens of Poland
Where should I file for divorce?+
If at least one spouse if still living in the last common place of residence of both spouses then the petition for divorce should be filed to a district court that has jurisdiction over that last common place of residence of both spouses.
If both spouses are living away from their last common place of residence together then, the petition for divorce should be filed at the respondent’s place of residence. If that is not possible then the petition for divorce should be filed at the petitioner’s place of residence.
Do I have to attend the proceedings in Poland in person?+
According to Polish family law, if you are the respondent, you must be duly informed of divorce proceedings, however, divorce proceedings in Poland can take place despite your failure to appear. To increase efficiency of the divorce proceedings, it is advisable for the defendant to appoint an attorney in Poland who will be responsible for handling the case for you.
If you are the petitioner the course of action is slightly different. In this case, if you do not justify your failure to appear, the divorce proceedings will be suspended. The divorce proceedings may be resumed at the request of the petitioner, but no sooner than three months from the date of suspension. If the petitioner does not submit a request to resume divorce proceedings within a year, the court shall discontinue the proceedings.
Can I divorce in Ireland if married in Poland?+
Yes. If the couple were married in Poland but their relationship has broken down in Ireland, there is no need for you to go Poland to divorce. The reason for this is because in Ireland, the conditions required by the Irish court to hear a divorce case is that one or both spouses live in Ireland.