Marriage with a Foreigner

Where Can You Have a Civil Marriage in Poland?

The primary form of marriage recognized by Polish law is a civil marriage, which takes place at the Civil Registry Office (USC) relevant to the place of residence of one of the fiancés or at any USC in Poland. It is also possible to organize the ceremony outside the USC premises for an additional fee, after obtaining the consent of the head of the USC. Poland also allows for a “concordat marriage” (religious marriage with civil effects) in a church or other religious association that has an appropriate agreement with the state.

The Key Document for a Foreigner – Certificate of Legal Capacity to Marry

The most important document that you, as a foreigner, usually need to present at the Polish USC is a certificate stating that according to the law of your country of origin, you are free to marry. This document (its name may vary depending on the country) confirms there are no legal impediments to the marriage under your home country’s law (e.g., that you are not currently married). You need to obtain it from the relevant authority in your country of origin.

What If You Cannot Obtain the Certificate? Court Exemption

Obtaining the aforementioned certificate can be problematic – some countries simply do not issue such documents, or the procedure is extremely complicated. What then? The solution is to apply to a Polish family court (the district court competent for your place of residence or the USC’s location) for an exemption from the obligation to submit this document. The court, after examining the case, may issue an order granting the exemption if it determines that under Polish law, there are no obstacles to your marriage.

Important: The court proceedings for exemption require preparing a proper application and presenting arguments. Professional legal assistance is highly recommended in this case to navigate the court procedure efficiently.

What Other Documents Are Needed from a Foreigner?

Besides the certificate of legal capacity to marry (or the court order exempting you), you typically need to present at the USC:

• Birth Certificate: Usually a full copy.
• Proof of Identity: Valid passport.
• Proof of Termination or Annulment of Previous Marriage: If you were previously married (e.g., spouse’s death certificate, final divorce decree).
• Proof of Payment of the Stamp Duty for drawing up the marriage certificate.

Crucial: All documents issued in a foreign language must be translated into Polish by a sworn (certified) translator listed by the Polish Minister of Justice. Official documents from some countries may additionally require an apostille or legalization.

Presence of a Sworn Interpreter During the Ceremony

If you or your witnesses do not speak Polish fluently, the presence of a sworn (certified) interpreter is required during the submission of documents at the USC and during the marriage ceremony itself. The interpreter will ensure proper communication with the official.

Marriage and Legalization of Stay in Poland

It is important to remember that marrying a Polish citizen does not automatically grant the right of residence or Polish citizenship. However, marriage is one of the grounds for applying for:

• Temporary Residence Permit for the Spouse of a Polish Citizen: Usually issued for up to 3 years. The authorities examine, among other things, whether the marriage is genuine and not contracted for convenience.
• Permanent Residence Permit: Possible to obtain after a specific period of marriage and legal residence in Poland based on a temporary permit – 2 years.

How Can Our Law Firm Help International Couples?

Planning an international wedding can be challenging. We offer support in:

• Determining the list of required documents for your specific situation.
• Handling the court proceedings for exemption from the obligation to submit the certificate of capacity to marry – this is our specialty.
• Coordinating sworn translations and obtaining apostilles/legalization if necessary.
• Communicating with the Civil Registry Office and assisting with scheduling appointments.
• Preparing and submitting the application for a temporary residence permit after the marriage.
• Providing general legal advice at every stage of the preparations.