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Category: Divorce Laws

Navigating Post-Divorce Child Contact Arrangements in Poland

Child contact

Embracing a new chapter post-marriage dissolution can be intricate, especially when it comes to matters involving children. Commonly, after the bonds of matrimony fray, parents find themselves at odds over crucial child-related decisions. Setting up a coherent visitation schedule becomes a daunting task, often leading to one parent limiting the other’s interaction with the child.

In the context of divorcing couples with shared minor children, Polish courts play a pivotal role in delineating the contours of contact arrangements. The divorce decree becomes a canvas upon which the schedule of interactions between the non-custodial parent and the children is artfully painted. This court-sanctioned schedule is binding, carrying the weight of legal consequences if not adhered to.

The exception to this rule surfaces when both spouses unite in a joint request to keep child contact matters outside the divorce decree. In this scenario, the court refrains from imposing a schedule.

Child contact encompasses a gamut of interactions, spanning from maintaining correspondence to leveraging digital avenues like WhatsApp, Skype, and phone calls. Additionally, it includes physical presence in the child’s life, encompassing visits, meet-ups, and even the potential for the parent to take the child abroad as part of these interactions.

The granularity of contact arrangements is subject to variation. Some cases call for meticulously crafted schedules with fixed dates and hours for interactions, while others adopt a more fluid approach, where each interaction is individually agreed upon by the parents.

However, the court’s role isn’t solely confined to establishing a roadmap for contact. It also wields the authority to curtail or shape these interactions for the child’s best interests. These limitations may involve restrictions such as disallowing in-person meetings, preventing the child’s relocation from their permanent residence, or even mandating the presence of a guardian, probation officer, or court-appointed individual during interactions.

In extreme cases, the court can completely halt contact if it deems that the child’s well-being is at stake. Decisions surrounding contact arrangements aren’t static; they can evolve over time based on changing circumstances or new evidence.

Engaging in legal proceedings involving child contact is a nuanced journey, particularly when international elements come into play. Cases involving cross-border parental residence, potentially impacting the child’s travel, add an extra layer of complexity. In such situations, seeking guidance from a dedicated Family Law Firm in Poland becomes indispensable. These experts adeptly navigate the intricacies of court proceedings, ensuring that your requests are eloquently presented and substantiated by compelling evidence – all aligned with the child’s best interests.

Our team of experienced family lawyers stands ready to walk with you through the labyrinthine corridors of court proceedings in Poland. Don’t hesitate to reach out – we’re here to guide you toward a resolution that safeguards the well-being of your child while respecting your rights as a parent.

For further information, contact Bernard:

Email / Tel

bernard.lukomski@kpbl.pl

+48 608 093 541 (Mobile)

+48 692 802 229 (WhatsApp)

The History of Divorce: A Look Back at the Evolution of Marriage Dissolution

Divorce, the legal process of ending a marriage, has a long and varied history that spans back thousands of years. From ancient civilizations to modern times, the laws and attitudes surrounding divorce have undergone significant changes, reflecting the shifting cultural and societal norms of each era.

Ancient Times: Divorce was recognized in ancient civilizations such as Babylon, Egypt, and Greece. However, it was typically restricted to the wealthy and powerful, and was often granted only for limited reasons, such as adultery or cruelty. In these early societies, women were often viewed as the property of their husbands and were not granted the right to initiate a divorce.

The Roman Empire: The Roman Empire saw a significant expansion of the grounds for divorce, including such reasons as abandonment and mutual consent. During this time, the right to divorce was extended to women, who were allowed to initiate proceedings if their husbands failed to fulfill their marital obligations.

The Middle Ages: During the Middle Ages, the Catholic Church exerted significant control over the laws surrounding marriage and divorce. Divorce was not recognized as a valid option and the only way to end a marriage was through annulment, which declared the marriage to be null and void from the beginning. This practice was reserved for the wealthy and powerful and was often used to dissolve marriages for political or financial reasons.

The Reformation: The Reformation marked a significant turning point in the history of divorce. Protestant leaders, including Martin Luther and John Calvin, rejected the authority of the Catholic Church and advocated for the recognition of divorce in certain circumstances, such as adultery or abuse. This was a significant shift from the strict ban on divorce in previous eras.

The Modern Era: In the 19th and 20th centuries, the laws surrounding divorce continued to evolve, reflecting changing attitudes towards marriage and family. In many countries, the right to divorce was extended to the general population and the grounds for divorce were expanded to include such reasons as incompatibility and desertion. The introduction of no-fault divorce, which allows for the dissolution of a marriage without assigning blame, marked a major shift in the laws surrounding divorce and has become a widely accepted option in many countries.

Conclusion: The history of divorce is a rich and varied one, reflecting the changing cultural, societal, and religious norms of each era. From ancient times to the present day, the laws surrounding divorce have undergone significant changes, expanding the grounds for divorce and granting greater rights and freedoms to individuals seeking to dissolve their marriages. Today, divorce continues to evolve, reflecting the changing attitudes and expectations of modern society.

 

Divorce: Understanding the Process and Its Implications

Divorce is the legal process of ending a marriage. It can be a complex and emotional process that requires careful consideration and planning. The process of divorce involves the dissolution of the legal and financial ties between the parties and can have far-reaching implications for both parties.

Grounds for Divorce: In order to file for divorce, a person must have grounds, or a reason, for the divorce. The grounds for divorce vary depending on the jurisdiction, but common grounds include irreconcilable differences, adultery, and abandonment. In some jurisdictions, no-fault grounds, such as irreconcilable differences, are available, while in others, fault-based grounds are required.

Divorce Process: The divorce process typically begins with the filing of a divorce petition, which is a formal request for the court to dissolve the marriage. The petition must be filed in the jurisdiction where either the petitioner or the respondent resides. Once the petition is filed, the respondent has the opportunity to respond and may file a counter-petition, outlining their own requests for the divorce.

Property Division: One of the most complex aspects of divorce is the division of property and assets. The property that is acquired during the marriage is subject to division, and the court must determine how to divide the property in a way that is fair and equitable to both parties. This can include real property, personal property, and financial assets. In some jurisdictions, the court uses a community property system, which divides the property equally between the parties, while in others, the court uses an equitable distribution system, which divides the property based on a number of factors, including the length of the marriage and the contributions of each party.

Child Custody: If the parties have children, the court must determine custody arrangements. This can include physical custody, which determines where the child will live, and legal custody, which determines who has the authority to make decisions about the child’s upbringing. The court will consider the best interests of the child when making custody arrangements, taking into account factors such as the child’s relationship with each parent and the stability of each parent’s home environment.

Alimony: In some cases, one party may be required to pay alimony, or spousal support, to the other party. Alimony is typically awarded to the party who is in a disadvantaged financial position or who has made significant contributions to the marriage. The amount of alimony and the duration of the payments are determined by the court based on a number of factors, including the length of the marriage, the earning potential of each party, and the standard of living established during the marriage.

Conclusion: Divorce can be a complex and emotional process that requires careful consideration and planning. The process of divorce involves the dissolution of the legal and financial ties between the parties and can have far-reaching implications for both parties. It is important to seek the assistance of a qualified attorney to help guide you through the process and ensure that your rights and interests are protected.

 

UK Divorce laws overhaul will ‘end blame game’ for couples

Existing UK divorce laws mean spouses have to provide evidence for a divorce if one partner does not agree to it.

For the first time in 50 years, UK divorce laws are being overhauled in an attempt to end the “blame game” for couples trying to end their marriage.

Current laws in England and Wales dictate that unless someone can prove there was adultery, unreasonable behaviour or desertion, the only way to get divorced without a spouse’s agreement is to live apart (be separated) for five years.

The new laws state that one side will now only have to submit a “statement of irretrievable breakdown” to say the marriage has broken down; instead of having to provide evidence about length of separation or their spouse’s behaviour. In addition to this,the ability of one partner to contest a divorce will also be scrapped.

The existing two-stage process of a decree nisi, a document which says the court cannot see any reason why you cannot divorce, followed by a decree absolute, the legal document which ends a marriage, will remain the same; however, a six month minimum period will be introduced between the lodging of a petition to the divorce being made absolute.

Couples will also be able to make joint divorce applications, alongside the current option for one partner to start the process.

Similar changes will also be made to the law governing the dissolution of civil partnerships.

The overhaul follows a government consultation last year, when details of the proposals were first unveiled.

The Ministry of Justice said the new legislation is expected to be introduced as soon as parliamentary time allows.

Divorce – Dissolution of marriage

Dissolution of marriage (Divorce) is the process of terminating a marriage.

Divorce usually entails the cancelling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.

Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

The only countries that do not allow divorce are the Philippines, the Vatican City and the British Crown Dependency of Sark. In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an alien and satisfies certain conditions. The Vatican City is an ecclesiastical state, which has no procedure for divorce.

Overview

Grounds for the dissolution of marriage vary widely from country to country. Marriage may be seen as a contract, a status, or a combination of these. Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. In contrast, in some countries divorce is purely no fault. Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce. This is the case, for example, in many US states.

Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. In some jurisdictions one spouse may be forced to pay the attorney’s fees of another spouse.

Laws vary as to the waiting period before a dissolution of marriage is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.

In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions. In some countries, particularly (but not only) in some former communist countries, divorce can be obtained only on one single general ground of “irretrievable breakdown of the marriage” (or a similar formulation). Yet, what constitutes such a “breakdown” of the marriage is interpreted very differently from jurisdiction to jurisdiction, ranging from very liberal interpretations (e.g. Netherlands) to quite restrictive ones (e.g., in Poland, there must be an “irretrievable and complete disintegration of matrimonial life,” but there are many restrictions to granting a divorce). Separation constitutes a ground of divorce in some European countries (in Germany, e.g., a divorce is granted on the basis of a 1-year separation if both spouses consent, or 3-year separation if only one spouse consents). Note that “separation” does not necessarily mean separate residences – in some jurisdictions, living in the same household but leading a separate life (e.g., eating, sleeping, socialising, etc. separately) is sufficient to constitute de facto separation; this is explicitly stated, e.g., in the family laws of Latvia.

Divorce laws are not static; they often change reflecting evolving social norms of societies. In the 21st century, many European countries have made changes to their divorce laws, in particular by reducing the length of the necessary periods of separation.

Divorce in Poland

1. Where do we get a divorce in Poland and how?

Individuals can divorce in Poland by lodging a petition for divorce (dissolution of the marriage) by one of the spouses. Divorce proceedings cannot be initiated either by the public prosecutor or any other person. Spouses can only divorce in the court. Actions shall be brought in a Regional Court. Actions pertaining to marital relations shall be brought exclusively in a court in whose district the spouses had their last place of residence, insofar as one of them still resides or stays there. Otherwise, exclusive jurisdiction shall be vested in the court for the respondent’s place of residence or where there is no such place, with the court for the petitioner’s place of residence.

2. What are the most common reasons that spouses may invoke?

If there has been an irretrievalbe and complete breakdown of matrimonial life between the spouses, divorce may be requested by either of the spouses to the court to order the marriage dissolved by divorce. Both conditions must be met. This complete disintegration will consist of a lack of any spiritual, physical and economic bonds between the spouses. The main reasons causing breakdown of marriage are alcoholism, aggression, violence & marital infidelity.

3. How long does it take to divorce in Poland?

The greater the discrepancies between the parties the longer the process. In the first place the contentious issue may be the fault as to the breakdown of the marriage. If the spouses do not agree to a divorce without adjudging on the guilt, it already heralds a rather lengthy trial, because the court will have to carry out all the evidentiary proceedings in the matter of guilt. Most often this involves the interrogation of a few or a dozen or so witnesses, as well as bringing a number of documents. The second factor that affects the length of the process is the issue of the spouses children. Divorce can end very quickly – even after the first hearing and in the event of an advanced conflict of the spouses – may take up to several years. Thus, you can wait for a long time for a final court decision, but it all depends on the individual circumstances of the particular case.

4. What types of evidence can be used when divorcing?

Evidence proceedings in a divorce case are primarily aimed at determining the circumstances surrounding the breakdown of marriage. The court can allow evidence from witnesses, official documents, private documents, experts opinions, environmental interviews, e-mails, bills and SMS printouts. These are not all acceptable evidence – their catalog is not closed. The possibility of using other proofs is regulated by the Polish Code of Civil Procedure.

5. What other family life aspects are settled once with the divorce?

In the ruling on the divorce, the court rules on joint parental authority over a minor child of both spouses and on parental contact with the child, and decides how much each spouse is obliged to bear on the costs of living and educating a child. The court may also delegate the exercise of parental authority to one of the parents, limiting the parental authority of the second parent to specific rights and duties in relation to the child. The court takes into account the agreement of the spouses on how to exercise parental authority, and maintaining contact with the child after the divorce, if it is compatible with the welfare of the child. Siblings should be brought up together, unless the welfare of the child requires a different outcome. Upon a mutual request of the parties, the court does not adjudicate on keeping contacts with the child.

If the spouses occupy shared accommodation, in the ruling on divorce the court will also rule on the use of the residence for as long as the divorced spouses are sharing accommodation. There is also the possibility that at the motion of one of the spouses, the court may, in the ruling on divorce, divide the joint property, as long as carrying out the division does not cause undue delay to the proceedings.

When the divorce verdict becomes final, a divorced spouse who changed a previous surname as a result of the marriage may submit a statement before the head of the registry office on reverting back to the surname from before the marriage.

6. Is my presence necessary when divorcing?

During the trial, either party could be represented by an attorney at law, however each time in divorce cases the court orders obligatory hearing of the parties, then the presence in court is obligatory.

7. What kind of temporary measures concerning children can be ordered during divorce proceedings?

During a divorce case, the court may grant for injunction by regulating custody of minors and contacts with a child and the secure maintenance claims.

8. How can a parent living abroad keep in touch with his child?

A parent living in another state can keep in touch with his child by visiting him at his place of residence, by having the children over and using electronic means of communication. The issue is not regulated by the law and is left to be regulated by parents.

9. In case a parent lives in another EU State, is that an obstacle for joint custody?

The place of residence of parent is not an obstacle when applying for joint custody.

10. How can a divorce resolution issued in Poland be acknowledged in another EU State?

When divorce is finalised, parties may request the issuance of a European form that can be used in any EU State and is recognized in the other Member States without any special procedure being required.

International divorce and family law issues are very different from purely English family law cases, so it is essential that you seek specialist legal advice.