Can a Polish court refuse to grant a divorce?

Most people assume that once a marriage has genuinely broken down, a Polish court will grant a divorce as a matter of course. That assumption is largely correct – but not always. Polish family law sets out specific situations in which a court must refuse to dissolve a marriage, even where the breakdown is complete and permanent. These are known as the negative conditions for divorce, and they are worth understanding before proceedings begin – particularly if the case involves minor children, a seriously ill spouse, or a situation where one party is firmly opposed to the divorce.

Table of contents

1. The basic rule – when is divorce possible in Poland?
2. First negative condition – the welfare of minor children
3. Second negative condition – principles of social coexistence
4. Third negative condition – the objection of the innocent spouse
5. How do Polish courts assess these conditions in practice?
6. FAQ

The basic rule – when is divorce possible in Poland?

Under Article 56 § 1 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), a court may grant a divorce where there has been a complete and permanent breakdown of the marital relationship (zupełny i trwały rozkład pożycia). Complete means that all bonds between the spouses – emotional, physical, and economic – have ceased. Permanent means that the breakdown is irreversible and there is no realistic prospect of the marriage being rebuilt.

For foreign nationals accustomed to no-fault divorce systems, this concept may feel familiar – but with one important difference. In Poland, the breakdown must be both complete and permanent, and the court assesses this on the evidence. Simply living apart for a period of time does not automatically satisfy the test, though it is strong evidence in that direction.

Establishing a complete and permanent breakdown is a necessary condition for divorce – without it, no divorce will be granted. But it is not sufficient on its own. Even where breakdown is clearly established, the court must dismiss the petition if any one of three negative conditions applies.

First negative condition – the welfare of minor children

The court will refuse to grant a divorce if doing so would be contrary to the welfare of the parties’ minor children (Article 56 § 2 of the Family and Guardianship Code).

A common misunderstanding is worth addressing immediately: the mere fact that the parties have children does not block a divorce. Divorce is never easy for children, but Polish law does not require a marriage to continue against the parties’ wishes simply because they have offspring. What the law is concerned with is something more serious – specific, concrete circumstances in which granting a divorce would cause the child clear and identifiable harm.

The Supreme Court (Sąd Najwyższy), in its ruling reference III CZP 70/66, indicated that this may apply, for example, to adult children who are not yet independent and still need the support of both parents, as well as to other situations where a divorce, while not worsening the child’s material conditions, “would lead to outcomes that are morally grossly undesirable.” This is a deliberately broad formulation, allowing courts to assess the specific circumstances of each family.

In practice, courts invoke this condition rarely. Where it is raised, the court typically commissions an expert report from a forensic psychologist who assesses how the divorce would affect the particular child in the particular circumstances. Only after reviewing all the evidence – including the expert’s opinion – does the court make its decision.

Second negative condition – principles of social coexistence

The court will also refuse to grant a divorce where doing so would be contrary to the principles of social coexistence (zasady współżycia społecznego) (Article 56 § 2 of the Family and Guardianship Code). This is a general clause referring to commonly accepted moral and social values, and its application requires the court to make a holistic assessment of the circumstances.

The classic example is a situation where one spouse is incurably ill, requires constant care and support, and a divorce would cause them serious harm – depriving them not only of emotional support but also of material security. In such circumstances, the court may find that granting a divorce would violate basic principles of decency and solidarity.

There are, however, clear limits to this condition. The Supreme Court, in its judgment reference C 1283/52, held that a spouse who brought about their own difficult situation through irresponsible conduct cannot then use that situation as a shield against divorce: “The defendant must bear the consequences of his own irresponsible conduct; he cannot burden his spouse with them.” In plain terms: illness or hardship caused by one’s own behaviour does not automatically block a divorce.

Equally, advanced age alone is not an obstacle. The Court of Appeal (Sąd Apelacyjny) in Poznań, in judgment reference I ACa 683/04, stated plainly: “Granting a divorce does not violate the principles of social coexistence merely because the parties are elderly.”

This condition may, however, apply in situations with a broader social and moral dimension – for example, where granting a divorce would effectively reward a pattern of conduct showing flagrant disregard for the institution of marriage and family by one of the parties.

Third negative condition – the objection of the innocent spouse

This is the condition most commonly overlooked – and in practice it can be decisive. Under Article 56 § 3 of the Family and Guardianship Code, a spouse who is solely at fault for the breakdown of the marriage cannot obtain a divorce if the innocent spouse objects, unless that objection is itself contrary to the principles of social coexistence.

What this means in practice: if the breakdown of the marriage was caused solely by one spouse’s conduct, and the innocent spouse refuses to consent to a divorce, the court will as a rule dismiss the petition. The guilty spouse cannot force the dissolution of a marriage they themselves destroyed – at least not over the genuine and principled objection of the innocent party.

There is an important qualification, however. If the innocent spouse’s refusal to consent is being used not as a genuine attempt to preserve the marriage but as a means of pressure, retaliation, or simple obstruction, the court may find that the refusal is contrary to the principles of social coexistence and grant the divorce regardless. Courts look at the reasons behind the refusal, not just the fact of it.

For foreign nationals, it is worth noting that this condition has no equivalent in many other legal systems – particularly those operating under purely no-fault divorce regimes. If you come from a country where fault plays no role in divorce proceedings, the Polish approach may seem unfamiliar. Understanding how fault is determined and what consequences it carries is an important part of preparing for Polish divorce proceedings.

How do Polish courts assess these conditions in practice?

All three negative conditions require the court to make an individual assessment of the circumstances of the particular case. None of them operates automatically. The court considers the overall picture: the age and situation of the children, the health of the spouses, the length of the marriage, the causes of the breakdown, and the conduct of both parties throughout.

The negative conditions are typically raised by the respondent as a defence in the course of proceedings – the court does not investigate them of its own motion in every case. A party wishing to rely on one of these conditions should raise it explicitly and support it with evidence. The exception is the welfare of minor children: here, the court examines the children’s situation regardless of what the parties argue, because the child’s interests are a matter of public concern, not simply a tool for one party to deploy.

A practical point for anyone facing or contemplating divorce proceedings in Poland: the existence of these conditions means that the outcome of a case is not always predictable from the outset. A seemingly straightforward divorce can become significantly more complicated if the other party raises one of these defences seriously and with supporting evidence.

FAQ

Does the court check for negative conditions automatically in every case? Not automatically in every respect. Negative conditions relating to the principles of social coexistence and the innocent spouse’s objection are typically raised by the respondent as a defence. The welfare of minor children is different – the court examines the children’s situation of its own motion, regardless of what the parties argue.

Does a spouse’s serious illness always block a divorce? No. Illness alone is not an obstacle. The court assesses the full picture: whether the divorce would cause serious harm, whether the ill spouse has other sources of care and support, and whether the illness resulted from the spouse’s own conduct. Each case is assessed individually.

What does it mean to be “solely at fault” for the breakdown of the marriage? Sole fault means that one spouse’s conduct – and only that spouse’s conduct – caused the complete and permanent breakdown of the marriage. The court must establish this through the evidence. Where both spouses contributed to the breakdown, sole fault cannot be attributed to either of them.

Can the innocent spouse always block a divorce? Not in every situation. The innocent spouse’s objection is effective as a general rule, but the court may disregard it if the refusal is contrary to the principles of social coexistence – for example, where it is being used purely as a means of pressure rather than as a genuine attempt to save the marriage.

Is legal separation an option if the court refuses to grant a divorce? Yes. Legal separation (separacja, Article 61¹ of the Family and Guardianship Code) can be granted on either spouse’s application where there has been a complete breakdown of the marital relationship – it does not need to be permanent. Separation does not dissolve the marriage but formally regulates the parties’ legal position and may serve as a step towards divorce at a later stage.

I come from a country with no-fault divorce – does fault really matter in Polish proceedings? Yes, it matters in ways that may be unfamiliar. In Poland, fault can determine whether the divorce is granted at all (where the third negative condition applies), and it also affects financial consequences – specifically, the entitlement to spousal maintenance after divorce. Understanding the role of fault early in the proceedings is important for managing expectations and planning the right approach.

[INTERNAL LINK PLACEMENT] Read more about what “complete and permanent breakdown of the marital relationship” means and how to demonstrate it before a Polish court → [link to relevant page]

Do you have questions about your divorce proceedings 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