Can a minor get married in Poland? Court permission for a 16-year-old to marry

Polish law sets 18 as the minimum age for marriage. There is, however, one exception – and it applies exclusively to women who have reached the age of 16. The decision rests with the family court, which assesses whether the marriage would serve the best interests of the family being formed. This article explains when and how such an application can be made.

Table of contents

1. What does Article 10 of the Family and Guardianship Code provide?
2. Who can apply and what are the conditions?
3. Which court handles the application and what does it cost?
4. Template application for court permission to marry as a minor
5. What to write in the statement of reasons
6. What documents to attach
7. FAQ

What does Article 10 of the Family and Guardianship Code provide?

The general rule is clear: a person who has not reached the age of 18 may not marry (Article 10 § 1 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy). The legislature has, however, provided one exception: for important reasons, the family court (sąd opiekuńczy) may permit a woman who has reached the age of 16 to marry, where the circumstances indicate that the marriage will serve the best interests of the family being formed.

This exception applies exclusively to women. A man must be 18 years old to marry – there is no equivalent exception for men. A marriage contracted by a woman who has reached the age of 16 but without court permission may be annulled – as a general rule on the application of either spouse (Article 10 § 2 of the Family and Guardianship Code). Annulment is not available, however, if the wife reached the required age before the action was brought (Article 10 § 3), or if she became pregnant – in that case her husband loses the right to seek annulment (Article 10 § 4).

Who can apply and what are the conditions?

The application is made by the minor herself – she is the applicant, not her parents. The parents and the intended spouse are parties to the proceedings (uczestnicy).

The court will grant permission only where two conditions are met simultaneously. The first is that important reasons exist (ważne powody). The Code does not define this concept, leaving the court to assess the circumstances. In practice, pregnancy or the birth of a shared child are most commonly treated as important reasons, but serious illness of one of the intended spouses or other exceptional personal circumstances may also qualify. The second condition is that the marriage will serve the best interests of the family being formed. The court examines whether the minor is physically and psychologically mature, whether the couple has the practical conditions for an independent life together, and what their financial and housing situation is.

Which court handles the application and what does it cost?

The application is filed with the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich) acting as the family court (sąd opiekuńczy). Territorial jurisdiction is determined by the place of residence of the minor applicant – that is, the place of residence of her parents or the parent with whom she permanently lives.

For residents of Poznań, the relevant court depends on the exact address: it may be the Poznań-Stare Miasto District Court, the Poznań-Grunwald i Jeżyce District Court, or the Poznań-Nowe Miasto i Wilda District Court.

The court fee for the application is PLN 100, payable at the court cashier’s office or by bank transfer to the account indicated on the court’s website.

Template application for court permission to marry as a minor

Poznań, _____________ [date]

District Court Poznań-Stare Miasto in Poznań Family and Juvenile Division IV ul. Młyńska 1a 61-729 Poznań

Applicant: (minor’s full name) residing at: _______________________________ PESEL: _____________________________

Parties to the proceedings:

(mother’s full name) residing at: _______________________________ PESEL: _____________________________

(father’s full name) residing at: _______________________________ PESEL: _____________________________

(full name of the intended spouse) residing at: _______________________________ PESEL: _____________________________

Court fee: PLN 100

Application by the minor for court permission to marry

Acting on my own behalf, I apply for permission for the minor (full name), born on _____________ in _____________, daughter of _____________, residing in _____________, to marry (full name), born on _____________ in _____________, son of _____________.

Statement of reasons

(The statement of reasons should set out the important reasons justifying the application and demonstrate that the marriage will serve the best interests of the family being formed. It should address the applicant’s physical and psychological maturity, the couple’s living conditions, financial situation and prospects, and any specific circumstances such as pregnancy.)

(signature of the applicant)

Attachments:

• 3 copies of the application and attachments;
• proof of payment of the court fee;
• full certified copies of the birth certificates of the applicant and the intended spouse (odpisy zupełne aktów urodzenia);
• medical certificate confirming pregnancy (if applicable);
• school certificate or employment documentation;
• any other documents referred to in the body of the application.

What to write in the statement of reasons

The statement of reasons must persuade the court that both conditions under Article 10 § 1 are met. It should describe the specific situation of the applicant and the intended spouse: whether there is a pregnancy or a shared child already born; how long the relationship has existed; the couple’s housing and financial situation; whether the applicant has completed her education or is in employment.

In our experience, statements of reasons that lack specific factual detail – describing only the wish to marry without identifying important reasons – tend to be unsuccessful. What matters is demonstrating that the couple is capable of running an independent household and that the marriage genuinely serves the interests of the family, rather than merely formalising an existing relationship.

What documents to attach

The application must be supported by full certified copies of the birth certificates of both the applicant and the intended spouse. Where the basis of the application is pregnancy, a medical certificate is required. Helpful supporting documents also include evidence of the couple’s financial and practical situation: employer’s payslips or certificates of employment, a tenancy agreement, a school leaving certificate or evidence of ongoing education. The more thorough the documentation, the stronger the applicant’s position in the proceedings.

FAQ

Do the parents have to consent to the marriage of a 16-year-old? Polish law does not require separate formal parental consent as a condition for granting permission. The parents are parties to the court proceedings and the court takes their views into account, but their objection does not automatically prevent permission being granted if the court finds that the marriage would serve the best interests of the family being formed.

What happens if a marriage is contracted without court permission? The marriage is valid but voidable. Under Article 10 § 2 of the Family and Guardianship Code, either spouse may apply to have it annulled. There are two important exceptions: annulment is not available if the wife reached the required age before the action was brought (Article 10 § 3), and if the wife became pregnant, her husband loses the right to seek annulment (Article 10 § 4).

Is pregnancy the only ground for obtaining permission? No. Pregnancy is the most commonly cited circumstance, but it is not the only one. The court assesses the overall situation and may treat other circumstances as “important reasons” – for example, the serious illness of one of the intended spouses, the prior birth of a shared child, or the particular maturity and financial stability of the couple.

How long do the proceedings take? Non-contentious proceedings of this kind are generally relatively short. The court resolves the application after hearing the parties. The duration depends on the court’s workload, but as a rough guide proceedings typically take between several weeks and a few months.

Does the minor become an adult upon marriage? Yes. Under Article 10 § 2 of the Civil Code (Kodeks cywilny), a minor acquires full legal capacity upon marriage and does not lose it even if the marriage is subsequently annulled before they reach the age of 18.

I am a foreign national – does Polish law apply to me? Where a marriage is being contracted before a Polish registry office (urząd stanu cywilnego), Polish law governs the formal requirements, including the age requirement and the need for court permission. Foreign nationals are subject to the same rules as Polish nationals in this respect. All documents submitted to a Polish court must be in Polish; documents in other languages require a sworn translation. If one of the intended spouses is a foreign national, additional documentation may be required regarding their personal status under their home country’s law.

Do you have questions about the court procedure for permission to marry as a minor in Poland? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl