Can you get divorced without your spouse’s consent in Poland?

This is one of the most frequently asked questions by people considering filing for divorce. The situation where one party wants to end the marriage and the other categorically refuses is emotionally painful and complicated. It is worth knowing, however, that a spouse’s objection does not always prevent a divorce from being granted.

Table of contents

1. The general rule – when does the court grant a divorce?
2. When can a spouse’s objection block a divorce?
3. When does a spouse’s objection not matter?
4. Refusal contrary to the principles of social coexistence
5. Practical guidance
6. FAQ

The general rule – when does the court grant a divorce?

The fundamental condition for a divorce to be granted is the complete and permanent breakdown of the marital union (Article 56 § 1 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy) – understood as the cessation of the emotional, physical, and economic bonds between the spouses. Where the court finds that the breakdown has genuinely occurred and is irreversible, it can in principle grant the divorce.

The mere fact that one spouse does not want a divorce is not an absolute obstacle. The other party’s objection is, however, a circumstance the court takes into account – and in certain situations it can in fact prevent the divorce from being granted.

When can a spouse’s objection block a divorce?

Article 56 § 3 of the Family and Guardianship Code provides special protection for the innocent spouse. Where a divorce is sought by the spouse who is solely at fault for the breakdown of the marital union, the court may refuse to grant it if the other – innocent – spouse does not consent to the divorce, provided that refusal is not contrary to the principles of social coexistence (zasady współżycia społecznego).

In plain terms: where the person filing for divorce is solely responsible for the breakdown of the marriage – for example through infidelity, domestic violence, or alcoholism – and the wronged spouse refuses to consent, the court may dismiss the claim. The guilty party’s desire to end the marriage is not sufficient on its own.

The critical word here is “solely”. Where the court does not find the petitioner solely at fault – but rather shared fault or no fault at all – the respondent’s objection cannot on its own block the proceedings.

When does a spouse’s objection not matter?

A spouse’s objection to the divorce does not constitute an obstacle in several situations.

First – where the petitioner is not solely at fault for the breakdown. Where both parties contributed to the breakdown of the marriage, or where the breakdown occurred for reasons not attributable to either party, the respondent’s refusal does not prevent the divorce from being granted.

Second – where the refusal is contrary to the principles of social coexistence (discussed further below).

Third – where the court finds that the conditions of Article 56 § 1 (complete and permanent breakdown) are satisfied and none of the negative conditions under Article 56 §§ 2 and 3 apply.

Refusal contrary to the principles of social coexistence

This concept requires explanation, as it is sometimes misunderstood. A refusal to consent to divorce is contrary to the principles of social coexistence where it is motivated not by genuine concern for the marriage or the welfare of the family, but by a desire to harass the other spouse, seek revenge, or prevent them from building a new life with someone else.

Courts accept that an objection driven purely by vindictiveness or spite – where the marital union has in fact broken down irreversibly – may be found to be contrary to the principles of social coexistence. Such an objection does not deserve legal protection.

However – and this is the crucial point – a mere suspicion of bad faith on the other party’s part is not sufficient. This circumstance must be proved by concrete evidence: witness testimony, correspondence, the respondent’s conduct in the course of the proceedings. In our experience, this is precisely the stage at which many cases become complicated – persuading the court of the true motives behind the refusal is often harder than it might appear.

Practical guidance

If your spouse is refusing to consent to the divorce, the key question is the extent to which you bear responsibility for the breakdown of the marriage. It is this assessment that determines whether the objection can be an obstacle for you.

Gather evidence of the breakdown of the marital union – the cessation of the emotional, physical, and economic bonds. The stronger the documentation, the stronger your position in the proceedings.

If you believe that your spouse’s refusal is malicious or driven by a desire for revenge, gather evidence to that effect and consult a lawyer before filing the petition.

FAQ

Can the court grant a divorce despite one spouse’s objection? Yes – where the petitioner is not solely at fault for the breakdown, the respondent’s objection does not block the divorce from being granted. The assessment of fault in the breakdown of the marriage is the key factor.

What does “sole fault” mean in the context of divorce? Sole fault means that the breakdown of the marital union was caused exclusively by the conduct of one spouse – for example infidelity, domestic violence, or alcoholism – without any contribution by the other party. Where the court finds shared fault, neither party is solely at fault.

Can a refusal to consent to divorce be found contrary to the principles of social coexistence? Yes – where it is established that the refusal is motivated purely by malice, a desire for revenge, or an intention to prevent the other party from rebuilding their life. The circumstance must be proved by concrete evidence.

What if the respondent does not appear at the hearing? Failure to appear at a hearing is not equivalent to consenting to the divorce, but the court may conduct the proceedings in the respondent’s absence and issue a default judgment.

Can the welfare of the children block a divorce regardless of fault and objection? Yes – independently of the question of fault and the other party’s objection, Article 56 § 2 of the Family and Guardianship Code provides that the court will refuse to grant a divorce where granting it would harm the welfare of the parties’ minor children. This is a separate negative condition that the court examines of its own motion.

I am a foreign national – do these rules apply to my divorce in Poland? Yes. Where the Polish court has jurisdiction and applies Polish law, the rules described in this article apply regardless of the parties’ nationality. EU Regulation Rome III governs the applicable law in divorce matters between EU member states. Where Polish law applies, the concept of sole fault and the rules on the spouse’s right to object are specifically Polish legal categories that may have no direct equivalent in other legal systems. Legal advice on the applicable law in cross-border situations is strongly recommended before proceedings are initiated.

Read more about how divorce proceedings work in Poland and what the negative conditions for granting a divorce are → [link to relevant page]

Your spouse is refusing to consent to the divorce? Contact us – 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