Divorce Lawyer in Poland: What Foreign Spouses Should Know Before Filing

ByBNW TEAM

Divorce is difficult anywhere. Divorcing in a country whose language you don’t speak, under rules you’ve never had reason to learn, adds a layer most people underestimate. For foreigners living in Poland, or married to a Pole, the search for a divorce lawyer in Poland usually arrives at the same time as several other questions: can a Polish court even hear the case, which country’s law will it apply, and what happens to the children? An English-speaking divorce lawyer in Poland can answer those in your own language before anything is filed.

This article explains how divorce works in Poland, where it differs from what people expect, and what to look for in a lawyer. For a more detailed walkthrough of the procedure itself, see this guide to getting divorced in Poland as a foreigner.

Only a court can grant a divorce

In Poland, divorce goes through the courts, specifically the regional court (sąd okręgowy). There is no administrative or notarial route. A bill allowing uncontested divorces at the civil registry office was passed in 2026 but vetoed by the President in April, so court proceedings remain the only option.

The court must find a complete and lasting breakdown of the marriage: emotional, physical and economic ties have all ended, with no realistic prospect of reconciliation. Even then, Polish law sets out situations in which a divorce is not allowed, for example where it would harm the welfare of the couple’s minor children. That safeguard surprises many foreign spouses, who come from systems where divorce on request is the norm.

Can a Polish court hear your divorce?

For couples connected to more than one country, this is the first question. Within the EU, jurisdiction is governed by Regulation 2019/1111, known as Brussels IIb. A Polish court can typically hear a divorce if, for example:

  • both spouses habitually live in Poland,
  • Poland was your last shared home and one of you still lives here,
  • your spouse habitually lives in Poland,
  • you have lived in Poland for at least a year before filing, or six months if you are a Polish citizen.

Where several countries’ courts could hear the case, the choice of where to file can affect the outcome, the timetable and the cost. It is one of the first things a lawyer should assess, before anything is filed.

Which country’s law will apply?

This is the point that surprises international couples most. A Polish court does not automatically apply Polish divorce law. Poland does not take part in the EU’s “Rome III” rules on the law applicable to divorce, and instead applies its own Private International Law Act, which looks first to the spouses’ common nationality.

In practice, two spouses who share a foreign nationality and live in Poland may have their divorce decided by a Polish court applying their home country’s law. Where the spouses have different nationalities, the analysis moves to where they are domiciled and then where they habitually live. A good divorce lawyer in Poland will tell you which law is likely to apply before you file, because it can change what you are able to ask the court for.

Fault: a Polish particularity

Polish courts can rule on which spouse was at fault for the breakdown of the marriage, unless both spouses jointly ask the court not to. Fault is not just symbolic: it can affect maintenance between former spouses, since a spouse found solely at fault can be ordered to support the other for longer.

The practical choice is significant. A divorce without a fault ruling, agreed by both spouses, can sometimes be concluded at the first hearing. A contested divorce with a fault ruling can involve witnesses, several hearings and a much longer timetable. Deciding which route to take, and whether it is worth fighting over fault at all, is one of the most important strategic decisions in the case.

Children

In the divorce judgment, the court decides on parental responsibility, contact with the children and child maintenance. In international families, jurisdiction over child matters is generally tied to where the child habitually lives, not to the parents’ nationality.

One warning matters more than any other: moving a child to another country without the other parent’s consent or a court decision can amount to international child abduction under the 1980 Hague Convention, with the child ordered to be returned. Anyone considering relocating with children during or after a divorce should take legal advice before the move, not after.

Language and documents

Proceedings are conducted in Polish. Foreign documents, such as a marriage certificate issued abroad or the children’s birth certificates, generally need a sworn translation and, depending on the country, an apostille. If you don’t speak Polish, you can have an interpreter at hearings.

Divorce hearings are held behind closed doors, and both spouses are normally expected to attend in person, because the court questions each of them. Remote participation from home is, as a rule, not available in divorce cases, which matters for a spouse who has already left Poland.

What does a divorce in Poland cost?

The court fee for filing for divorce is 600 PLN (about €140). On top of that come sworn translations, the stamp duty on a power of attorney, and the lawyer’s fee, which depends mainly on whether the divorce is agreed or contested, whether there are disputes over children, and whether there is an international element.

Dividing marital property is a separate matter. It can be done in the divorce case if the spouses agree, but more often it is handled in separate proceedings afterwards, with its own fees.

Will a Polish divorce be recognised abroad?

Within the EU, a divorce granted by a Polish court is recognised in other member states without any special procedure. Outside the EU, recognition depends on the law of the country concerned. That is worth checking early if either spouse plans to remarry or register the divorce in a non-EU country.

What to look for in a divorce lawyer in Poland

For a foreign spouse, the right lawyer is less about the firm’s size than about a few specific things:

  1. Experience with international cases, including jurisdiction and applicable law, not just Polish family law.
  2. Clear communication in your language, both in consultations and in explaining every court document, since the proceedings themselves will be in Polish.
  3. A straight answer on strategy: whether to seek a fault ruling, whether an agreed divorce is realistic, and what the timetable looks like.
  4. Transparent fees, agreed in writing before work starts, with clarity on who pays court fees and translations.
  5. Attention to what follows the divorce: property division, child arrangements and, for some foreign spouses, residence status if their stay in Poland is linked to the marriage.

Taking advice early, before either spouse files, is usually the single most effective way to keep an international divorce shorter, cheaper and less contentious.

This article is general information about Polish law, not legal advice, and it does not create a lawyer-client relationship. Procedures and fees change, and individual cases turn on their own facts.