Can the spouse at fault for a divorce demand one in Poland? A Poznań Court of Appeal ruling explained

Imagine the following situation: you were responsible for the breakdown of your marriage – addiction, neglect, harmful conduct. Your spouse, who spent years trying to save the relationship, is firmly opposed to a divorce. Will the court dismiss the petition? And is the innocent spouse’s objection always effective? The answer to both questions emerges from a judgment of the Court of Appeal (Sąd Apelacyjny) in Poznań of 12 February 2020 (reference I ACa 230/19).

Table of contents

1. The rule – the solely at-fault spouse cannot demand a divorce
2. The exception – when does the innocent spouse’s objection carry no weight?
3. What happened in case I ACa 230/19?
4. How did the court assess the respondent’s objection?
5. What does this ruling mean in practice?
6. FAQ

The rule – the solely at-fault spouse cannot demand a divorce

Article 56 § 3 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy) sets out one of the three negative conditions for granting a divorce. It provides that divorce is not permitted where it is sought by the spouse who is solely at fault for the breakdown of the marriage, unless the other spouse consents to the divorce, or unless the other spouse’s refusal of consent is itself contrary to the principles of social coexistence in the given circumstances.

In plain terms: if your conduct alone caused the marriage to break down, you cannot obtain a divorce against the other party’s wishes. This rule exists to protect the innocent spouse from a situation in which the person who destroyed the marriage can also unilaterally bring it to a legal end.

The rule has two exceptions. The first: the innocent spouse agrees to the divorce. The second – more complex – the innocent spouse’s refusal to consent is itself contrary to the principles of social coexistence.

The exception – when does the innocent spouse’s objection carry no weight?

The second exception is the more difficult to understand. How can a refusal be contrary to the principles of social coexistence? Does the innocent spouse not have the right to protect the permanence of the marriage?

They do – but only up to a point. Courts have consistently held that the innocent spouse’s objection becomes an abuse of rights when it does not genuinely serve to preserve the marriage but is aimed solely at causing harm to the other party, or where the marriage has become a complete fiction – what courts describe as a “dead marriage” (martwe małżeństwo). The Court of Appeal in Poznań, in case I ACa 230/19, expressed this precisely: the principles of social coexistence are infringed where the effect of the refusal of consent is to perpetuate a “dead” marriage, which must be regarded as socially undesirable.

What happened in case I ACa 230/19?

The facts were as follows. The claimant filed a divorce petition seeking a judgment that the breakdown of the marriage was solely the respondent’s fault. The respondent applied for the petition to be dismissed in full, arguing that the claimant bore sole fault for the breakdown and that granting a divorce would be contrary to the principles of social coexistence.

In the course of the proceedings, the court established that the primary cause of the breakdown of the marriage was the claimant’s abuse of alcohol, which had been ongoing since at least 2010–2012. The respondent had for years supported the claimant – she participated in therapy as the spouse of an alcohol-dependent person, maintained the home, and tried to sustain the marriage. The claimant, however, did not maintain sobriety and drank in secret, gradually destroying the relationship. The parties ceased cohabiting before 2015; from March 2015 they communicated only by leaving written notes for each other; in May 2016 the claimant moved out of the shared home.

The court also established that the conflict between the parties had taken on an exceptionally acute character, involving physical altercations, verbal abuse, and repeated police call-outs.

The court found no basis for concluding that the claimant had committed adultery, although his contact with another woman had created certain appearances of infidelity and had not helped to preserve the marital bond.

How did the court assess the respondent’s objection?

The court found that the claimant bore sole fault for the breakdown of the marriage – and granted the divorce on that basis, rejecting his claim that the fault lay with the respondent.

The court then had to address the question of whether the respondent’s objection to the divorce itself blocked the judgment. It concluded that it did not. Taking into account the exceptionally deep conflict between the parties – manifested by physical violence, verbal abuse, and police interventions – the Court of Appeal in Poznań held that the respondent’s refusal to consent to the divorce was contrary to the principles of social coexistence. Continuing a marriage that was so deeply conflicted and had long since ceased to function in any meaningful sense would be socially undesirable – and for that reason the respondent’s objection could not be given effect.

The outcome: the court granted a divorce with a finding that the claimant was solely at fault, notwithstanding both his own claim that the fault was the respondent’s and the respondent’s objection to the divorce being granted at all.

What does this ruling mean in practice?

Cases of this kind are among the most complex – for clients and for courts alike. Several conclusions from this ruling are worth highlighting.

First, a finding of sole fault has serious legal consequences – not only on the question of who may seek a divorce, but also in relation to spousal maintenance after the divorce is granted. The rules on maintenance are significantly more favourable to the innocent spouse where sole fault has been established.

Second, the innocent spouse’s objection is a significant legal instrument, but not an absolute one. The court assesses in each case whether the refusal genuinely serves to protect the values of marriage, or whether it has become a tool of pressure or retaliation.

Third – and this is a perspective that helps many clients reassess their own situation – even where one party is formally in a weaker legal position, the court examines the full picture. A finding that one spouse bears sole fault does not exempt the other from the obligation to act in good faith.

FAQ

Can a spouse found solely at fault ever obtain a divorce? As a general rule, no – Article 56 § 3 of the Family and Guardianship Code prohibits a divorce judgment where it is sought by the solely at-fault spouse and the innocent spouse objects. There are two exceptions: the innocent spouse’s consent, or a finding by the court that the objection is contrary to the principles of social coexistence.

How does the court establish who is solely at fault? Establishing fault requires full evidence proceedings – examination of the parties and witnesses, analysis of documents, and sometimes expert reports. Sole fault means that only one spouse’s conduct caused the complete and permanent breakdown of the marriage. Where both spouses contributed to the breakdown, sole fault cannot be attributed to either of them alone.

What is meant by a “dead marriage”? A “dead marriage” is a term used by Polish courts to describe a marriage that formally subsists but has long since ceased to function – no cohabitation, no communication, no shared plans, no emotional or physical bond. Courts take the view that the continued existence of such a marriage purely on paper is socially undesirable and may justify overriding the innocent spouse’s objection to a divorce.

Does alcohol dependency automatically mean sole fault? Not automatically. The court assesses the full picture of the causes of the breakdown. Alcohol dependency is a serious aggravating factor, but the court may find that both spouses contributed to the breakdown – for example, if the other spouse also failed to fulfil their marital obligations. Each case is assessed individually.

What are the financial consequences of a sole fault finding? Where one spouse is found solely at fault, the innocent spouse who has suffered a significant deterioration in their standard of living as a result of the divorce may claim maintenance from the at-fault spouse – even where the innocent spouse is not in outright need (Article 60 § 2 of the Family and Guardianship Code). This is a considerably broader entitlement than applies where no fault finding is made.

I am a foreign national – does fault work the same way in my home country’s divorce law? Fault in divorce is a distinctly Polish legal concept and operates very differently from many other legal systems, particularly those that have moved to purely no-fault divorce. In Poland, fault has concrete financial consequences and can determine whether the divorce is granted at all. If you come from a no-fault system and are unfamiliar with how fault operates in Polish proceedings, legal advice at the outset of the case is particularly important.

Read more about when a Polish court can refuse to grant a divorce and what the negative conditions for divorce are → [link to relevant page]

Your divorce case is complicated – a disputed fault finding, the other spouse’s objection, a long-running conflict? 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