Court Application to Waive the Marriage Document Requirement – A Practical Guide for Ukrainian Citizens in Poland

Author: Legal Counsel Joanna Jędrzejewska

The procedure is straightforward – but court documents have a way of tripping people up, even those who handle bureaucracy without breaking a sweat in everyday life. “How do I write it? What do I put in? Where do I file it?” – these are questions I hear constantly. Below I walk you through it step by step, so that the court accepts your application first time, without asking you to fix anything.

Table of Contents

1. The legal basis – what exactly are you applying for?
2. The most common mistakes
3. Document checklist
4. How to file the application
5. How to prepare for a hearing
6. What to do after you receive the court order
7. FAQ

The Legal Basis – What Exactly Are You Applying For?

Let us start with the core issue. Article 79(2) of the Polish Act on Civil Status Records (ustawa Prawo o aktach stanu cywilnego) states:

“If obtaining the document referred to in paragraph 1(3) encounters obstacles that are difficult to overcome, the court in non-contentious proceedings may, upon the application of a foreign national, exempt them from the obligation to submit that document.”

In plain terms: a Ukrainian citizen who wants to get married in Poland is normally required to submit a document to the civil registry office (Urząd Stanu Cywilnego, USC) confirming that under Ukrainian law they are free to marry. The problem is that the Ukrainian legal system simply does not issue such a document. That is where the court comes in.

For the application to succeed, the court must be satisfied about two things: that there are obstacles that are genuinely difficult to overcome, and that under Ukrainian law the applicant is eligible to marry. The first point is effectively a given for Ukrainian citizens – it just needs to be properly explained in the application.

The Most Common Mistakes

I review client applications regularly and see the same errors come up again and again. Each one can add weeks to the process.

Wrong court. Jurisdiction is determined by the applicant’s place of residence. If you live in Swarzędz, the correct court may be the Poznań-Nowe Miasto i Wilda District Court, not Stare Miasto. Worth checking before you file, not after.

Missing details about the other party. Your future spouse is a participant in the proceedings (uczestnik) and must be named in full, with a complete address. Missing this information is grounds for the application to be returned.

Insufficient justification. “I cannot get a document from Ukraine” is not enough. You need to explain why – specifically, that the Ukrainian legal system does not provide for issuing such documents, not that the applicant simply did not get around to requesting one. From the court’s perspective, that distinction matters enormously.

Missing attachments. The minimum is a birth certificate with a sworn translation and a copy of the passport with a sworn translation. Without these, the application will come back to you with a request to supply what is missing.

Untranslated documents. Every foreign-language document must have a sworn translation (tłumaczenie przysięgłe). A regular translation – however accurate – will not be accepted by the court.

Document Checklist

Completeness is everything. The application should be accompanied by:

• birth certificate + sworn translation,
• copy of passport (photo and personal data page) + sworn translation,
• certificate from the Ukrainian consulate confirming that such documents are not issued – if you have been able to obtain one (not formally required, but it significantly strengthens the application),
• proof of payment of the court fee (100 PLN),
• divorce documents + sworn translation – if the applicant was previously married,
• power of attorney + stamp duty of 17 PLN – if a legal representative is acting on your behalf.

The consulate certificate is not a formal requirement, but in practice it helps considerably. It shows the court that the applicant made a genuine attempt to obtain the document through official channels and was refused – which is precisely what “obstacles that are difficult to overcome” means in the context of the law.

How to File the Application

Where? In person at the court’s filing office (biuro podawcze) or by registered post.

How many copies? The application itself in two copies. Attachments in one copy – the court makes its own copies.

Court fee is 100 PLN. Payment can be made by bank transfer to the court’s account or at the court cashier. Use the following payment reference: “Opłata sądowa – wniosek o zwolnienie z obowiązku przedłożenia dokumentu” (Court fee – application for exemption from the obligation to submit a document).

What happens next? The court will schedule a date for the case to be considered. In straightforward cases, the order may be issued at a closed session – without a hearing. If the court decides to hold a hearing, you will receive a summons by post.

How to Prepare for a Hearing

Judges vary and there is no single standard set of questions. From experience, however, certain topics come up consistently.

How long have you known each other? The court is not evaluating your relationship – it is checking credibility. Answer honestly and specifically.

Why do you want to get married in Poland rather than in Ukraine? A typical and entirely sufficient answer: we live in Poland, our life is here.

Did you attempt to obtain the document from Ukraine? If you have a consulate certificate, bring it. If you do not, explain that Ukrainian law does not provide for issuing this type of document.

What is your marital status? Be precise: single, divorced, widowed. If you were previously married, have the relevant documents with you.

Are there any legal obstacles to your marriage? If there are none – the answer is simply: there are no legal obstacles.

What to Do After You Receive the Court Order

The court will issue an order exempting the applicant from the obligation to submit the document. The next steps are:

1. Wait for the order to become final (prawomocne) – if no appeal is filed, this happens seven days after the order is served.
2. Collect a certified copy of the order with a finality clause (klauzula prawomocności) from the court registry.
3. Go to the USC with the final order and the other documents required to register the marriage.
4. Watch the deadline – the order is valid for six months from the date it becomes final. If the marriage does not take place within that period, the entire procedure has to be repeated from scratch.

FAQ

What if the court rejects the application? You can file an appeal (zażalenie) within seven days of receiving the decision. The most common reason for rejection is a formal deficiency – in that case, it is often faster to file a corrected application from the beginning than to wait for the appeal to be heard.

Do I need a lawyer? No – there is no mandatory legal representation for this type of case. You can file the application yourself. Having a lawyer handle it reduces the risk of formal errors and tends to speed the process up, but it is not a requirement.

How long does the procedure take? In Poznań, typically two to three months. In smaller courts it can be faster. During the summer holiday period everything takes longer – worth factoring in if you are planning a wedding date.

Does the Polish partner also need to do anything at the court? No. Only the Ukrainian citizen files the court application. The Polish partner submits their standard documents directly to the USC.

Can the order be extended if the six-month deadline passes? No – the order cannot be extended. If the deadline expires before the marriage takes place, a new application must be filed and the entire procedure goes through again from the beginning.

Does the application need to be written in Polish? Yes. Court proceedings in Poland are conducted in Polish. If your Polish is limited, a lawyer can prepare and file the application on your behalf. This is probably the single most practical reason to use legal assistance in this type of case.

What if I live outside Poznań? The application is filed with the court that has jurisdiction over your place of residence in Poland – not necessarily in Poznań. If you are unsure which court is correct for your address, a lawyer or the court’s information desk can confirm this before you file.

Need help preparing the application? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only based on the legal status as of 1 December 2024, and does not constitute legal advice in any specific case. Every matter requires analysis of the individual circumstances and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal 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