Family Law in Poland

Legislation related to family matters in Poland

Family is protected by several laws in Poland. The most important one is the Constitution which provides for the rights of individuals within the family and for the obligation of the State to act in the interest of the family. The second most important law governing family is the Family and Guardianship Code issued in 1964. The Polish Family Law has several principles:

• -          the child’s welfare;
• -          parental authority;
• -          marriage;
• -          equality of spouses in their relation;
• -          divorce;
• -          separation.

The Constitution also provides for the following:

• -          Article 18 refers to family, maternity and parenthood;
• -          Articles 71 and 72 provide for the welfare of children;
• -          Articles 47 and 48 provide for family life.

Our Polish lawyers can offer you more information related to the core principles of the Family Law.

The Polish Family Law with respect to marriage and divorce

Family Law in Poland provides for both the right of spouses during the marriage and after separation or divorce. The matrimonial legislation covers the following aspects:

• -          the registration of marriage;
• -          the relation between spouses;
• -          the matrimonial property;
• -          the termination of marriage;
• -          and the judicial separation.

Aspects of the family legislation can also be found in the Polish Civil Law and the Law on Civil Status Registry.

Family legislation with respect to the protection of children in Poland

The Polish family legislation has special statutes with respect to the protection of children especially after divorce or separation. In order to protect them, Polish civil courts will decide on the custody of the minors by taking into account the agreement of the spouses, or, in case no agreement has been reached, by granting visitation rights to the parent not holding custody. In most cases, the court will ask parents to agree on the following matters:

• -          where the children will live;
• -          the non-custodial parent’s visits with the children;
• -          how joint decisions will be made;
• -           the means of communication between the parents.

The family court will also establish the amount of money necessary for the welfare of children.

For assistance in litigation related to family matters, do not hesitate to contact our law firm in Poland.