Divorces

Basic information

A final court verdict dissolving the marriage will end this relationship, however, its effects may be felt by former spouses for many years after the end of the court proceedings. After the divorce, they will still be the parents of their children (maintenance and parental matters will remain) as well as former spouses (maintenance issues for the former spouse and possible mutual settlements). A final divorce decree (also establishing separation) will result in the separation of the parties’ property. This judgment will be effective for all party creditors. Once the judgment becomes final, no liability will be incurred for the spouse’s new obligations. However, if the spouse has already contracted a debt, it is worth considering filing a claim for the abolition of statutory communality with a retrospective date. Such a judgment would better protect the interests of the claimant’s spouse than the matrimonial property contract concluded with the notary. After a divorce or separation court decision, the spouses will not inherit each other. In a divorce case, the court ex officio decides on parental authority over the minor children of the parties, alimony for underage children may order maintenance for the spouse, order the parties to live together, and share the joint property of the parties.

Divorce without guilty of guilt

The spouses will agree. In such a situation, the court will not consider the fault of the parties regarding the permanent and complete breakdown of the marriage. At this stage, we will be active, striving to develop acceptable conditions and possibly a conflict-free separation of the spouses. Next, we will show that there has been a permanent and complete breakdown of marriage – emotional, physical and economic ties between the spouses, which is necessary to obtain a divorce decree.

We will end this case at the first hearing.

Divorce with a spouse’s guilt

In such proceedings, it is necessary to prove the guilt of one or both spouses regarding the distribution of the marriage. To prove the spouse’s guilt, it is necessary to conduct evidence proceedings, i.e. explanations of witnesses, medical examinations, photos, recordings, etc. These are usually slightly more complicated proceedings, and thus longer and emotionally exhausting for the parties and their children.

Childcare

In each of the cases described above, the court will decide on issues related to the minor children of the spouses – i.e. who they will live with after the divorce, what the contacts of the other parent with the children will look like, how high the maintenance will be.

Our consulting concept

The breakup of a marriage is a traumatic event, associated with a loss of confidence, stability and a sense of security, as well as fear for the future. In such a situation, additional stress is caused by the decision to take appropriate proceedings and appropriate procedural steps leading to the formal termination of the marriage. We are able to minimize the negative factors of this stage of the situation and we make every effort to ensure the greatest possible comfort and reduction of negative emotions. We strive to maintain balance and harmony that, when combined, enable smooth and balanced operation. Therefore, without striving to annihilate your opponent, we will fully secure your interests and work out the best solutions in a given situation. In our opinion, this methodology of functioning does not exclude the dynamics of actions or securing all your claims. We will strive to conduct the shortest possible procedure, and by eliminating all unnecessary procedural steps, we can obtain a court ruling even at the first sitting in the case.

Costs of proceedings – court fees

Court fee

Court fee: PLN 600, When the case ends with no judgment about guilt, half of this fee (PLN 300) is returned and the ex-spouse should pay us back PLN 150.

Opinia OZSS

OZSS opinion (with minor children): PLN 500 – 1,000,

Opinion of the so-called Opinion Team of Judicial Specialists

Opinion of the so-called The Opinion Team of Judicial Specialists is usually required when the parties have minor children and there is doubt as to whether divorce will adversely affect their welfare or where parents argue about parental responsibility and the frequency of contact with children.

Possible cost of mediation

Possible cost of mediation (remuneration for the mediator): up to PLN 450, This is an attempt to settle the matter amicably with the participation of a qualified mediator, it costs PLN 150 – the first meeting and PLN 100 each subsequent (up to PLN 450 in total). The mediator’s remuneration will be increased by the reimbursement of his travel expenses, room rental (up to PLN 70 per meeting), correspondence (PLN 30).

Possible cost of a family guardian

Possible cost of a family guardian (when the court orders an environmental interview): about PLN 80,

Additional court costs

Additional court costs for the award of maintenance: dependent on the amount of maintenance awarded.

Division of spouses’ property

The division of the spouses’ assets is an additional fee of PLN 300 (consistent division of property) or PLN 1,000 (disputed division of property). The court will rarely deal with the division of property in a divorce case – this is practically justified only if the spouses have reached a common position and this issue will not affect the length of the case.

Claim security

Securing the claim (e.g. contact with children – PLN 40 or a change in the maintenance support – PLN 100).

Additional application for eviction of a spouse

Additional application for eviction of a spouse from a jointly occupied apartment requires a court fee of PLN 200.

Division of assets

Compliant division of property
This is the recommended solution. We will conduct such a case by concluding a relevant agreement, and if the subject of the division will also be a real estate (flat, house or plot), it will be necessary to prepare a notarial deed.

Lack of consent of the spouses regarding the division of property
In such a case, it is required to obtain a relevant court decision, which will decide what assets will belong to the spouses. It may be necessary to sell the asset and divide the amount obtained between the parties. Such cases are usually lengthy and require the valuation of assets by a court expert, which involves additional fees.

Determining the spouses’ share in the property

The principle is the equal share of the spouses in the joint property. However, for important reasons, each of the spouses may require that the amount of the share in the joint property be determined taking into account the extent to which each of the spouses contributed to the creation of that property. However, an important reason should be pointed out (e.g. sputtering lifestyle of the spouse, long-lasting factual separation), as well as a different degree of participation of both spouses in the creation of joint property (e.g. deliberate failure to take up a better paid job, large differences in the amount of salary). The court also considers work related to personal involvement in raising a child and maintaining a home (e.g. a mother who does not work professionally but raises a child at home).

Maintenance

We will first determine the legitimate needs of the person who is to receive maintenance. These will be basic life needs, but we will also take into account the current standard of living of this person.

The amount of maintenance
We will examine the property situation and earning potential of the person who will be required to pay maintenance. When determining the amount of maintenance, other obligations, e.g. credit installments, will also be important. Not every loan will be assessed by the court in the same way – the moment of taking it, the amount and the purpose for which the funds from this loan were allocated are important.

Types of maintenance:

Child support

As a rule, it is claimed from the other parent. In the lawsuit we will indicate the specific needs of the child (e.g. food, clothing, footwear, cleaning and hygiene products, medicines, science, holiday trips) and their average cost in one month.

Maintenance for the benefit of the spouse

Adjudicated in a divorce decree in the event of the sole fault of the marriage breakdown. An innocent spouse may then receive maintenance if his property situation deteriorates as a result of divorce. However, such maintenance may also occur if the parties are not guilty of the fault or if both spouses are at fault. Then the ex-spouse, who is not in his fault, can demand alimony from the other spouse. In principle, this obligation lasts up to five years from the date of divorce.

Maintenance is imposed to ensure that the family’s ordinary needs are met. Adjudicated by the court when one of the spouses does not participate in the maintenance of the household. The court will award the appropriate amount for family purposes (e.g. rent, utilities, meals, etc.).

Contact with the child

The Family and Guardianship Code (Civil Code) does not contain a definition of parental responsibility, although it indicates in art. 95 § 1 as components of parental authority, the right and obligation of parents to exercise custody over the person and property of the child, and to raise a child. Art. Supplement 95 § 1 of the Civil Code. is art. 98 of the Civil Code, which also grants parents the right to represent the child. Therefore, it should be assumed that parental responsibility covers in particular: custody of a child, management of his property and representation of a child.

If both parents have parental responsibility, each of them is obliged and entitled to exercise it. However, parents decide on important matters of the child together. If the parents do not agree on a common position and do not find agreement, their guardianship court will resolve their doubts. If both parents living separately are entitled to parental responsibility, the guardianship court may, for the good of the child, determine how to exercise it and maintain contact with the child. The court will leave parental responsibility to both parents if they present a written agreement on the manner of exercising parental responsibility and maintaining contact with the child in accordance with the best interests of the child. Siblings should be brought up together, unless the best interests of the child require a different solution.

In the absence of agreement, the court, having regard to the child’s right to be brought up by both parents, decides on the method of joint exercise of parental responsibility and maintaining contact with the child, may entrust the exercise of parental responsibility to one parent, limiting the parent’s parental responsibility to specific duties and rights in relation to the child’s person if the good of the child speaks for it. In justified situations, when the best interests of the child are at risk, the court may deprive parental authority of one or both parents, suspend the authority of one of them or suspend parental authority of both. In practice, most often the need to regulate parental responsibility occurs in cases where the child’s parents live separately, which usually involves the breakdown of their relationship and the lack of communication and the possibility of establishing joint decisions.

Contact – links

E-justice Europa

Toruń Contact

tel: 532 306 604
kostrzewski@pkmksp.com

Płock Office

ul. Obrońców Helu 15
09-410 Płock

tel: +48 532 306 604
kolecki@pkmksp.com

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