Can you appeal a divorce judgment in Poland? What you need to know

A first-instance judgment in a divorce case is not always the final word. If a party believes the court wrongly assessed the evidence, overlooked important circumstances, or misapplied the law, they have the right to appeal to a higher court. An appeal in divorce proceedings is, however, a tool that requires precision: not every argument succeeds, and not every flaw in a judgment justifies changing it. What is worth knowing before you decide whether to appeal?

Table of contents

1. What is an appeal in a divorce case – and when is it worth pursuing?
2. Procedural complaints – are they worth building an appeal on?
3. Wrongful assessment of evidence – the most effective ground
4. Overlooked evidence – but only what genuinely matters
5. Substantive law arguments – fault and the bars to divorce
6. Rulings that go beyond what the parties actually asked for
7. Practical takeaways
8. FAQ

What is an appeal in a divorce case – and when is it worth pursuing?

An appeal is the legal mechanism that allows a party to challenge the judgment of the regional court (sąd okręgowy), which hears divorce cases at first instance, before the court of appeal (sąd apelacyjny). In divorce proceedings, an appeal must be filed within two weeks of the party being served with the written judgment together with its reasoning – which is why the first practical step after receiving an unfavourable outcome is to apply for the written reasoning to be prepared and served.

An appeal is not a second opportunity to retell the whole story from scratch. The appellate court does not conduct fresh evidentiary proceedings. It examines whether the court of first instance made specific errors: in its assessment of the evidence, in its findings of fact, or in its application of the law. A successful appeal therefore requires pinpointing those errors with precision – not simply expressing dissatisfaction with the result.

In our experience, the question clients most often ask is: “Is it worth appealing?” The answer always depends on the specifics of the case. The critical question is whether there is an identifiable legal or factual error that can actually be demonstrated and argued.

Procedural complaints – are they worth building an appeal on?

The first category of arguments that instinctively occurs to parties is what might be called procedural complaints – allegations that the court did not follow the correct process. Examples include: the judgment was announced with a delay, a clerical error appeared in the transcript, or the hearing was not reopened despite changed circumstances.

In practice, appellate courts treat arguments of this kind with considerable scepticism. The Court of Appeal in Poznań, in case I ACa 230/19, made clear that the time limit for deferring the announcement of a judgment is purely directional in nature – exceeding it has no adverse procedural consequences. Similarly, clerical errors in the transcript (such as an incorrect name) do not constitute grounds for invalidity of the proceedings.

When can procedural arguments succeed? Only where a genuinely serious violation has occurred – for example, where the court sat in an unlawful composition, or where a party was denied a proper opportunity to present their case. These are exceptional situations, not everyday procedural imperfections.

Wrongful assessment of evidence – the most effective ground

By far the most effective category of arguments in divorce appeals is demonstrating that the court of first instance wrongly assessed the evidence – in particular, that it incorrectly identified the causes and consequences of the breakdown of the marriage, or that it failed to give proper weight to the chronology of events.

In case I ACa 230/19, the Court of Appeal in Poznań upheld precisely this type of argument. The court of first instance had found shared fault on both spouses’ part, relying in part on the wife’s aggressive conduct towards her husband. The appellate court found, however, that this conduct “took place after the breakdown of the marriage and could not therefore constitute its cause. It was the consequence of the plaintiff’s earlier behaviour and his alcoholism.”

What does this mean in practice? If the court of first instance wrongly classified someone’s reactions to an ongoing marital crisis as a cause of that crisis rather than as a consequence of it, that is a concrete and identifiable error that can form the basis of a successful appeal. The key is to demonstrate that a correct assessment of the timeline would have led to a different outcome.

An argument of this kind must be formulated with precision, however. It is not enough to say “the court was wrong.” The party must identify which specific pieces of evidence were wrongly assessed, how they should have been assessed, and what effect this had on the final decision.

Overlooked evidence – but only what genuinely matters

Another common argument concerns evidence that the court simply did not address – evidence that was before the court but that the judgment ignores entirely. Here, however, an important limitation applies: an argument about overlooked evidence is only effective where the evidence in question had a direct bearing on the outcome of the divorce proceedings.

In case I ACa 230/19, one party argued that the court had overlooked a bank statement documenting a significant withdrawal of funds by the other spouse. The Court of Appeal did not accept this argument, and explained why: financial matters of this kind can be resolved in separate proceedings for the division of joint marital assets. They have no direct bearing on a finding of fault or on the other decisions typically made in a divorce judgment.

A practical test worth applying before raising this argument: if the court had taken this evidence into account, would the judgment have been different? If the answer is uncertain, the argument is unlikely to succeed.

Substantive law arguments – fault and the bars to divorce

A separate category involves arguments that the court misapplied the provisions of family law itself. The most effective argument in case I ACa 230/19 was that the court had wrongly applied Article 57 § 1 of the Family and Guardianship Code – the provision governing findings of fault. The appellate court changed the judgment from shared fault to exclusive fault on one spouse’s part, finding that the evidence clearly pointed to one party as the cause of the breakdown.

A different outcome followed, however, from the attempt to invoke the so-called bars to divorce under Article 56 § 2 of the Family and Guardianship Code. This provision allows a court to refuse to grant a divorce if doing so would be contrary to the interests of minor children, or if the divorce would cause serious harm (rażąca krzywda) to the spouse who bears no fault for the breakdown. The party argued that the divorce would cause them serious harm. The Court of Appeal rejected this argument, noting among other things that the party was capable of finding employment.

This illustrates that arguments based on “serious harm” are assessed by courts with considerable rigour. The mere fact that a divorce is painful and will alter someone’s life circumstances is not sufficient. The serious harm must be of an exceptional nature – something that cannot be remedied through the party’s own efforts and resources.

Rulings that go beyond what the parties actually asked for

There is one further aspect of a judgment that is easy to overlook but worth examining carefully: whether the court ruled on something that nobody actually asked for.

In case I ACa 230/19, the court of first instance dismissed a maintenance claim – despite the fact that no such claim had been made by either party. The Court of Appeal set aside that ruling as having no basis: a court cannot adjudicate on claims that were never brought before it.

This example illustrates an important practical lesson. After receiving a judgment, it is worth reading every operative paragraph carefully and checking whether all of the rulings correspond to something the parties actually requested. A ruling that goes beyond the parties’ claims is an independent ground of appeal in its own right.

FAQ

How long do I have to appeal a divorce judgment in Poland? An appeal must be filed within two weeks of the party being served with the written judgment together with its reasoning. After an unfavourable judgment is announced, the first step is to apply for the written reasoning to be prepared and served – the two-week period for appeal runs only from the moment the reasoned judgment is received.

Can the appellate court change the judgment, or can it only send the case back? The appellate court can either change the judgment of the court below – ruling differently on the merits – or set it aside and refer the case back for fresh consideration. In divorce proceedings, a change on the merits is possible and does occur in practice. Case I ACa 230/19 is an example: the appellate court changed the fault finding from shared to exclusive fault on one party’s part.

Can I appeal only part of a divorce judgment? Yes. An appeal can be directed at the judgment as a whole or at a defined part of it. If, for example, a party accepts the fault finding but contests the maintenance ruling, the appeal can be limited to that specific part of the judgment.

What are the realistic prospects of changing a fault finding on appeal? This depends on the specific case. Arguments based on incorrect chronology and wrongly identified causation have a genuine prospect of success – as demonstrated by case I ACa 230/19. Purely procedural arguments and arguments based on general dissatisfaction with the outcome have significantly lower prospects.

Do I need a lawyer to file an appeal in Poland? Yes. In proceedings before the court of appeal, there is a mandatory representation requirement – the appeal must be drafted and signed by a qualified advocate (adwokat) or legal adviser (radca prawny). Exceptions apply only to parties who are themselves qualified legal professionals.

I am a foreign national – can I appeal a Polish divorce judgment? Yes. The appellate framework described in this article applies to all divorce proceedings heard by Polish courts, regardless of the parties’ nationality. One practical point for foreign nationals: Polish divorce proceedings – including the fault determination – follow Polish procedural rules, which differ significantly from the no-fault systems common in many Western countries. If you are unfamiliar with how Polish divorce law works, taking specialist legal advice before deciding whether and how to appeal is particularly important.

What if new evidence has emerged since the first-instance judgment? As a general rule, an appellate court does not admit new evidence that could have been presented at first instance. New evidence may be admitted only if a party demonstrates that it was impossible to present it earlier. This makes the preparation of evidence at first-instance stage all the more important – gaps in the evidential record are difficult to remedy on appeal.

Are you considering an appeal against a divorce judgment? 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