Divorce is often a complicated legal process. In Poland, divorce may only be obtained through court proceedings. However, in some countries, divorce can also be granted before a civil registry office or another administrative authority.
Because of these differences, a divorce obtained abroad through an administrative procedure — commonly referred to as an administrative divorce — may need to be recognized in Poland by a court.
Below we explain how this procedure works and what consequences may arise if such a divorce is not properly recognized in Poland.
Which authority should you apply to?
The competent authority is the regional court having jurisdiction over the applicant’s place of residence.
This is because Polish law does not provide for administrative divorces. The fact that a person obtained a divorce abroad before an administrative authority does not mean that the same procedure can be followed in Poland.
Under Polish law, divorce matters are generally treated as court matters. Therefore, the proper authority to recognize such a foreign divorce is the regional court.
If the applicant does not have a place of residence in Poland, the application should usually be submitted to the Regional Court in Warsaw.
What documents do you need to prepare?
In order to recognize a foreign administrative divorce, the court must rely on specific documents. The most important documents usually include the following:
Original foreign marriage certificate
In the case of a foreign marriage certificate, a separate court procedure is not required for its registration in Poland. Usually, the marriage certificate must first be transcribed into the Polish civil registry system through the Civil Registry Office.
This step is important because, in order to recognize the divorce, the Polish legal system should first contain information about the marriage itself.
To transcribe the foreign marriage certificate, the Civil Registry Office will usually require the original foreign marriage certificate.
In some countries, there is a practice of not issuing marriage certificates after the divorce has already been finalized. In such a situation, it may be necessary to apply to the competent authority in that country for a certificate confirming that the marriage was concluded.
Original foreign divorce certificate
The key document in the procedure is the original foreign divorce certificate or another official document confirming that the divorce was granted abroad.
However, this matter cannot be handled directly by the Civil Registry Office. In the case of an administrative divorce obtained abroad, it is usually necessary to apply to the competent regional court.
The Civil Registry Office is not authorized to recognize such a divorce on its own.
Sworn translations
The documents submitted to the court or office must be accompanied by sworn translations into Polish.
It is important that the translations are prepared by a sworn translator. Only such translations may be accepted by the court or the Civil Registry Office.
Time and cost of the procedure
It is not possible to indicate an exact timeframe for the court to complete the case. The procedure may take several months, depending on the court, the documents provided and whether the former spouse must be notified abroad.
The court fee for cases concerning the recognition of a foreign divorce is PLN 300, pursuant to Article 24(1)(1) of the Act on Court Costs in Civil Cases.
Contact with the former spouse
The physical participation of the former spouse is not required in the procedure for recognizing a foreign divorce.
However, the former spouse must usually be informed that the proceedings are pending and must receive the court’s decision in the case.
This notification may be sent to their electronic service address or residential address. If the former spouse lives abroad, the court may request service of documents through the competent foreign authority.
If the whereabouts of the former spouse are unknown, the matter becomes more complicated. In such a case, the court may appoint a guardian for the absent person. The guardian’s role is to help establish the person’s whereabouts or, if this is not possible, to represent the absent spouse in the proceedings.
Consequences of failing to recognize a foreign administrative divorce
Failure to recognize a foreign administrative divorce in Poland may lead to serious legal consequences.
In particular:
- the Polish civil status records may still show that the person remains married;
- a new marriage may not be possible under Polish law;
- entering into a new marriage could create a risk of being treated as bigamy;
- if civil status records contain incorrect information, this may cause further legal complications;
- in some situations, misleading an authority about marital status may also create criminal law risks.
For example, if a woman becomes pregnant, Polish law may still presume that her former spouse is the father of the child if the divorce has not been properly reflected in Polish civil status records.
What happens after the court recognizes the divorce?
Completing the court procedure is very important, but it does not always finish the entire matter.
After the court issues a decision recognizing the foreign administrative divorce, it is usually necessary to return to the Civil Registry Office where the foreign marriage certificate was previously transcribed.
On the basis of the court decision, the Civil Registry Office may then enter an annotation regarding the divorce in the Polish civil status records.
Summary
A foreign administrative divorce should not be ignored or concealed.
Although the recognition procedure may seem formal and time-consuming, it is often necessary to ensure that the person’s marital status is correctly reflected in Poland.
Proper recognition of the divorce protects against future legal problems and allows the person to safely regulate their civil status under Polish law.
