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Divorce/ Recognition of foreign [country] divorce

Divorce/ Recognition of foreign [country] divorce

Obtaining a divorce abroad does not mean that it is automatically effective in Poland. To make divorce effective you need to complete the specific formalities.

After Poland’s joining i the European Union there is no need for recognition of foreign judgments passed by a court in another EU country, it is enough to enter the proper note to a Marriage Certificate. Since 1st of July 2009 this regulation has been also applicable to the judgments passed in countries, not being members of the European Union.

Divorce judgments passed in the EU countries

Since 1st May 2004 the recognition of a divorce judgment passed in another EU state (with the exception of Denmark) and entering a divorce note to a Marriage Certificate has been performed at the request of the person concerned in a Register Office.

To enter a note about a divorce to a Marriage Certificate, you have to go to a Register Office.

Please note! In case of divorce judgments passed before 1st May 2004 and the judgments passed in Denmark a recognition of a judgment can be made only by a District Court.

Divorce judgments passed in the countries not being members of the European Union

In case of judgments passed in the countries not being members of the European Union the method of judgment recognition depends on whether it was passed before or after 1st July 2009.

For judgment recognition passed before 1st July 2009 you have to apply to a District Court, attaching the following to the application:

The court appropriate to consider the application for a recognition of a divorce judgment is District Court with jurisdiction appropriate to the spouses’ last common place of residence in Poland and in case when there is no such a place then the District Court in Warsaw. After examination of an application, in case when the court decides that there are no prerequisites for refusal of judgment recognition , the court will take a decision on recognition of a divorce judgment. After a it becomes final and binding, a decision constitute a base for entering a note on a divorce to register office records.

If a judgment was passed after 1st July 2009 it is enough to apply for entering an appropriate note to a Marriage Certificate in the Register Office. The procedure of entering a note to a Marriage Certificate is similar as in the case of judgments passed in the EU countries.

In summary, in Poland judgments of foreign courts recognized by law are:

European Union member countries' (with exception of Denmark) -since 1st March 2005 if the cases were instituted after 1st March 2001. All countries’ - since 1st July 2009.

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