Love often doesn’t choose and finds us in the least expected circumstances, sometimes bringing together people from different countries and cultures. If you are planning to marry a foreigner in Poland, alongside the joy and planning of the celebration itself, you will also face certain legal formalities. To ensure this process goes as smoothly as possible, it’s worth knowing what documents will be needed and what steps to take.
Introduction: love knows no borders, but law does – Prepare for formalities
Getting married in Poland when one party is a foreigner requires gathering additional documents and completing specific procedures. Polish law needs certainty that both parties can legally enter into marriage, according to both Polish law and the law of the future foreign spouse’s home country. Preparing in advance will help avoid stress and delays.
Where to get married? Focusing on the ceremony in Poland
This article focuses on the formalities related to getting married before the head of the Civil Registry Office (Urząd Stanu Cywilnego – USC) in Poland. Of course, it’s also possible to get married abroad (e.g., at a Polish consulate or according to the laws of another country), but those procedures are governed by different rules.
The key document for the foreigner: certificate of no impediment to marriage
The most important document that a foreigner intending to marry in Poland must present is a certificate stating that, according to the law of their home country, they can legally marry (zaświadczenie o zdolności prawnej do zawarcia małżeństwa).
What is this Certificate and Where to Get It?
This document confirms that under the law applicable in the foreigner’s country of citizenship, there are no obstacles to them getting married (e.g., they are not currently married to someone else, they have reached the required age). Typically, such certificates are issued by the relevant authorities in the foreigner’s home country or by their embassy/consulate in Poland.
What If Obtaining the Certificate is Impossible?
Unfortunately, not all countries issue this type of document. Sometimes obtaining it involves disproportionately significant difficulties, is very costly, time-consuming, or even impossible due to political or bureaucratic reasons. What then?
Plan B: court exemption from the obligation to submit the certificate
If a foreigner encounters insurmountable obstacles in obtaining the Certificate of No Impediment, Polish law provides a solution. One can apply to the Polish Family Court (sąd rodzinny) (competent for the applicant’s place of residence) for an exemption from the obligation to submit this document.
The court, after conducting proceedings, examines whether there are any impediments to marriage under Polish law (e.g., kinship, age, being in another marriage). If the court finds that the marriage can be contracted, it will issue a decision exempting from the obligation to submit the certificate. A final court decision replaces the required document at the USC.
Necessary documents at the Civil Registry Office (USC)
When planning your visit to the USC to set the wedding date and submit documents, prepare:
Documents for the Polish Citizen:
- Identity document (Polish ID card – dowód osobisty).
- Abridged copy of the birth certificate (odpis skrócony aktu urodzenia) (usually, the USC retrieves this from the system, but it’s worth checking).
- Divorced persons: Abridged copy of the marriage certificate with an annotation of divorce or a final court decree.
- Widows/Widowers: Abridged copy of the spouse’s death certificate.
Documents for the Foreigner:
- Identity document (valid passport).
- Birth certificate (original plus sworn translation into Polish).
- The aforementioned Certificate of No Impediment to marry (original plus sworn translation) OR the final court decision exempting from the obligation to submit it.
- It’s advisable to have a document confirming legal stay in Poland.
Note: Check the validity periods of documents (e.g., civil status certificate extracts are often valid for 6 months from the issue date). Requirements might vary slightly between offices – it’s worth calling to inquire.
Sworn Translations – Don’t Forget!
All documents issued in a foreign language must be translated into Polish by a sworn translator (tłumacz przysięgły) registered with the Polish Ministry of Justice.
Planning is key – Start early!
Gathering documents from abroad, potential court proceedings for the exemption, and translations – all take time. Start your preparations at least several months before the planned wedding date.
Kasia and David’s story: the path through court to happiness
Kasia, a Polish citizen, and David, a US citizen, decided to get married in Poland. It turned out that obtaining a single, nationwide Certificate of No Impediment in the USA is very difficult, as laws vary by state. The US Embassy in Poland also doesn’t issue such documents in the format required by the Polish USC. “We were devastated,” says Kasia. “Luckily, we learned about the possibility of a court exemption. With a lawyer’s help, we filed the application, presented documents from the US confirming David’s civil status. After a few weeks, the court granted the exemption. We could finally set our wedding date at the USC!”
The ceremony itself and what’s next?
Remember to book your wedding date at the USC well in advance. You will need two adult witnesses with valid identity documents. If one of you (or a witness) does not speak Polish fluently, the presence of a sworn interpreter will be required during the ceremony.
After the wedding, the marriage will be registered in the Polish civil registry. Remember that marrying a Polish citizen does not automatically grant citizenship or permanent residence rights, but it serves as an important basis for the foreign spouse to apply for a temporary residence permit.
Summary and professional support
Marrying a foreigner in Poland is a beautiful event that requires good formal preparation. The key is to gather the appropriate documents, especially the foreigner’s Certificate of No Impediment or obtain a court exemption.
If you are facing difficulties in obtaining the required certificate, need assistance in preparing the court application for exemption, or have other legal questions related to marrying a foreigner – contact our law firm. We will help you navigate the legal procedures smoothly.
