Getting Divorced in Poland as a Foreigner or International Couple

If you're a foreigner living in Poland, or married to someone of a different nationality, a divorce raises questions a purely domestic case doesn't: whether a Polish court can hear it, which country's law will apply, and what happens with children who may move between countries. For how I handle family cases in English, see English-speaking divorce and family lawyer in Poland.

Key legislation: Council Regulation (EU) 2019/1111 ("Brussels IIb"), Arts. 3 and 30; Polish Private International Law Act of 4 February 2011, Art. 54; Polish Family and Guardianship Code (k.r.o.), Arts. 56 to 58; Polish Code of Civil Procedure (k.p.c.), Arts. 17 and 427; Act on Court Costs in Civil Cases (u.k.s.c.), Art. 26; Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Divorce in Poland only goes through the courts

In Poland, a divorce can only be granted by a court, specifically a regional court (sąd okręgowy, Art. 17(1) k.p.c.). The court must find a complete and lasting breakdown of the marriage (Art. 56 § 1 k.r.o.). A law allowing uncontested divorces at the civil registry office was passed in 2026 but was vetoed by the President on 30 April 2026, so court proceedings remain the only route.

Can a Polish court hear your divorce?

Where EU rules apply, Art. 3 of Regulation 2019/1111 gives jurisdiction to the courts of the EU country where the spouses have their habitual residence. A Polish court can typically hear your divorce if, for example:

• both spouses habitually live in Poland,
• Poland was your last joint place of habitual residence and one of you still lives here,
• the respondent (the spouse being sued) habitually lives in Poland,
• the spouse filing for divorce has lived in Poland for at least a year before filing, or six months if they are a Polish citizen.

The Polish Code of Civil Procedure contains national rules on international jurisdiction that follow similar principles for cases outside the scope of EU rules. Which court is right in your case should be checked before filing.

Which country's law will the court apply?

This surprises many international couples. A Polish court doesn't automatically apply Polish divorce law. Poland does not take part in the EU's "Rome III" rules on applicable divorce law. Instead, Art. 54 of the Polish Private International Law Act applies, in this order:

1. the spouses' common nationality at the time of filing,
2. if they have none, the law of the country where both are domiciled,
3. if none, the law of their common habitual residence,
4. if none of these, Polish law.

In practice, two spouses of the same foreign nationality living in Poland may have their divorce decided by a Polish court applying their home country's law.

Documents and language

Proceedings are conducted in Polish. Foreign documents, such as a marriage certificate issued abroad or children's birth certificates, generally need a sworn translation into Polish and, depending on the country, an apostille or legalisation. If a Polish citizen married abroad, the foreign marriage certificate may first need to be entered into the Polish civil registry. If you don't speak Polish, you can use an interpreter at hearings.

Hearings and personal attendance

Divorce hearings are held behind closed doors unless both spouses ask for a public hearing (Art. 427 k.p.c.). The court questions both spouses, so personal attendance is usually required. Remote hearings where parties join from home are, as a rule, not available in divorce cases.

If the separation involves domestic violence and police involvement, see Arrested in Poland as a foreigner and the criminal defense page, which also covers representing victims.

Children in international divorces

The divorce judgment decides on parental responsibility, contact and child support (Art. 58 § 1 k.r.o.). Jurisdiction in child matters is generally tied to where the child habitually lives. Taking a child to live in another country without the other parent's consent or a court decision can amount to international child abduction under the 1980 Hague Convention, so legal advice before any move is essential.

Will a Polish divorce be recognised abroad?

Under Art. 30 of Regulation 2019/1111, divorces granted in one EU country are recognised in other EU countries without any special procedure. Outside the EU, recognition depends on the law of the country concerned. This is worth checking if either spouse plans to remarry or register the divorce outside the EU.

Property and costs

The court fee for filing for divorce is PLN 600 (Art. 26(1)(1) u.k.s.c.). Other costs can include sworn translations, the lawyer's fee and the stamp duty on the power of attorney. Marital property can be divided in the divorce case (Art. 58 § 3 k.r.o.) or separately afterwards; fees for property cases can be estimated with the court fee calculator. If the spouses have a Swiss franc mortgage, possible claims against the bank are worth including in the picture.

Frequently asked questions

Can I get divorced in Poland if my spouse lives abroad? Often yes, for example if Poland was your last joint home and you still live here, or if you've lived in Poland long enough before filing (Art. 3 of Regulation 2019/1111). It depends on the details of your case.

Do the court hearings happen in English? No. Proceedings are in Polish, but you can use an interpreter, and your lawyer can explain every step in English.

Will Polish law apply to my divorce? Not necessarily. If you and your spouse share a foreign nationality, a Polish court will usually apply the law of that country (Art. 54 of the Private International Law Act).

Discuss your situation in English: contact the office or call +48 509 831 745. Polish-language readers: Rozwód w Opolu krok po kroku.