Divorce for Belarusian nationals living in Poland – is it possible and which law applies?

Many Belarusian nationals living in Poland find themselves asking whether they can get divorced here – particularly where returning to Belarus is impossible or would carry serious personal risk. The answer is clear: yes, a divorce can be granted by a Polish court. Which court has jurisdiction and which law applies is governed by an international treaty concluded between Poland and Belarus. The mechanism is straightforward once explained, though it does require some unpacking.

Table of contents

1. The starting point – the Polish-Belarusian Treaty of 1994
2. Does a Polish court have jurisdiction over a divorce between Belarusian nationals?
3. Which law does the Polish court apply – Polish or Belarusian?
4. What if one spouse is still living in Belarus?
5. Practical steps before filing for divorce
6. FAQ

The starting point – the Polish-Belarusian Treaty of 1994

The legal framework governing family law matters between Poland and Belarus is the Treaty between the Republic of Poland and the Republic of Belarus on Legal Assistance and Legal Relations in Civil, Family, Labour and Criminal Matters, concluded in Minsk on 26 October 1994. This treaty determines both which court may hear the divorce and according to which law the proceedings will be conducted.

One important contextual point: EU rules on jurisdiction in matrimonial matters – in particular the Brussels IIb Regulation, which has applied since 1 August 2022 – do not govern proceedings involving nationals of non-EU states such as Belarus. In the relationship between Poland and Belarus, the 1994 bilateral treaty takes precedence. This is worth knowing, because it means the analysis is different from a divorce involving, for example, a Ukrainian national (where EU rules may interact with separate bilateral arrangements).

Does a Polish court have jurisdiction over a divorce between Belarusian nationals?

Yes – provided that both spouses are habitually resident in Poland. Article 28 of the 1994 Treaty is clear on this point: where both spouses are Belarusian nationals but both are habitually resident in Poland, Polish courts also have jurisdiction to hear the divorce. The parties are not required to conduct proceedings before a Belarusian court, nor to return to Belarus for any part of the process.

In practical terms, this means that Belarusian nationals living in Poland – regardless of the reasons why they cannot or do not wish to return to their country of origin – can file a divorce petition before the Polish regional court (sąd okręgowy) with jurisdiction over their place of residence. The political situation in Belarus, which makes return impossible or dangerous for many people, does not affect this analysis: what matters is where the parties are habitually resident at the time proceedings are commenced.

Which law does the Polish court apply – Polish or Belarusian?

This question almost always follows the first – and here too the answer is favourable. Under Article 28(1) of the Treaty, where both Belarusian national spouses are habitually resident in Poland, the divorce is governed by Polish law.

This means the proceedings are conducted under the Polish Family and Guardianship Code, with the same conditions, procedures and possibilities that apply to any divorce in Poland. The Polish court does not apply Belarusian law, and it does not examine whether the divorce would be permissible under the law of the parties’ country of nationality.

In practice, this is considerably more straightforward than it might appear. Polish divorce law is well understood by Polish courts and lawyers, and the proceedings follow a standard path. Belarusian nationals do not face a separate or more complex legal regime simply by virtue of their nationality.

What if one spouse is still living in Belarus?

The position becomes more complicated where, at the time proceedings are commenced, one spouse is resident in Poland and the other remains in Belarus. The 1994 Treaty addresses this scenario in Article 28(4): where the spouses are resident in different countries – one in Poland, one in Belarus – the courts of both contracting states have jurisdiction. The spouse in Poland can file for divorce before a Polish court, but questions of service on the other spouse and cooperation between the courts of the two countries then arise and require careful handling.

This scenario has its own specific challenges and practical considerations, which we will address in a separate article.

Practical steps before filing for divorce

Before filing a divorce petition with a Polish court, a number of practical matters are worth addressing.

The most important is establishing that both spouses are habitually resident in Poland in the legal sense. Habitual residence is not simply physical presence – it means the place where a person resides with the intention of remaining there on a permanent basis. Documents that can demonstrate this include registration of residence (meldunek), a tenancy agreement, an employment contract, or registration in the PESEL system.

Civil status documents will also be required: a marriage certificate and, where the marriage has produced minor children, their birth certificates. Documents issued in Belarus will need to be translated into Polish by a sworn translator. Depending on the document and its origin, apostille certification or legalisation may also be required – this is worth clarifying with a lawyer before the petition is filed.

One concern that comes up frequently among Belarusian nationals is whether the absence of Polish citizenship or a permanent residence permit closes the door to a Polish court. It does not. Jurisdiction follows from habitual residence, not from citizenship or immigration status.

Finally, it is worth noting that where the marriage has produced minor children, the court with jurisdiction to grant the divorce also has jurisdiction to rule on parental authority and child maintenance for children under 18 (Article 28(5) of the 1994 Treaty). All of these matters can be resolved within a single set of proceedings.

FAQ

Can a Belarusian national without a permanent residence permit get divorced in Poland? Yes. A Polish court’s jurisdiction is based on habitual residence, not on the type of residence document held or on nationality. A residence registration or permit may serve as evidence of habitual residence, but they are not the only permissible forms of proof.

Will a Polish divorce judgment be recognised in Belarus? In principle, yes. The 1994 Treaty provides for the mutual recognition of court judgments between Poland and Belarus. Recognition in practice may require additional procedural steps. If recognition of the Polish judgment in Belarus is important to you, this is worth discussing with a lawyer before proceedings are commenced.

Are divorce proceedings in Poland conducted in Polish? Yes. Proceedings before Polish courts are conducted in Polish. A party who does not speak Polish has the right to an interpreter at hearings. Documents in Russian or Belarusian must be translated into Polish by a sworn translator before they can be submitted to the court.

What documents are needed to file for divorce in Poland? The core documents are: a certified copy of the marriage certificate (with a sworn translation into Polish if issued in Belarus), certified copies of the children’s birth certificates if the marriage has produced minor children, and documents confirming habitual residence in Poland. The petition is filed with the regional court (sąd okręgowy) with jurisdiction over the last shared place of residence of the spouses.

What if the other spouse in Belarus refuses to agree to the divorce? The consent of the other spouse is not a condition for a divorce under Polish law. It is sufficient to demonstrate that the marriage has broken down completely and irretrievably (Article 56 § 1 of the Family and Guardianship Code). The absence of contact with a spouse in Belarus does create practical complications around service of documents, but it does not prevent proceedings from being conducted.

What if only one of us has Belarusian nationality? Where one spouse is a Belarusian national and the other holds a different nationality, the rules are slightly different. Article 28(2) of the 1994 Treaty provides that where one spouse is a Polish national and the other is Belarusian, and both are resident in Poland, Polish law applies. Where they are resident in different countries, the law of the court hearing the case applies. The specific combination of nationalities and places of residence determines the outcome, making legal advice on the individual situation particularly important.

Read more about the grounds for divorce in Poland and how the proceedings work → [link to relevant page]

Are you a Belarusian national looking for legal assistance with a divorce 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