Divorce in Poland – With or Without Establishing Fault? A Practical Guide for Foreign Nationals

This article is for general informational purposes only and does not constitute legal advice.

One of the first questions that comes up in almost every divorce consultation is also one of the hardest to answer in the abstract: should you pursue a divorce with a finding of fault, or without one? For foreign nationals living in Poland, this decision can feel particularly daunting – you are navigating an unfamiliar legal system, often in a language that is not your own, at one of the more stressful moments of your life.

This article explains what the difference actually means, when each option makes sense, and what the practical consequences are.

Table of Contents

1. What is the difference?
2. When does a no-fault divorce make sense?
3. When is it worth pursuing a fault-based divorce?
4. Mixed strategies
5. FAQ

What Is the Difference?

A no-fault divorce (rozwód bez orzekania o winie) means the court simply confirms that the marriage has broken down completely and irreversibly, without investigating who caused that breakdown or to what degree. Both parties leave court without an official finding against them.

A fault-based divorce (rozwód z orzekaniem o winie) is a proceeding in which the court examines the causes of the marriage breakdown and determines whether one or both spouses were at fault. In practice, this means evidence, witnesses, and personal details entering the court record – details that many people would prefer to keep private.

The difference is not merely formal. It affects how long the proceedings take, how much they cost, the level of conflict they generate, and in certain situations the financial rights of each spouse after the divorce is finalised.

When Does a No-Fault Divorce Make Sense?

When time matters to you. In the practice of Poznań courts, no-fault divorce cases typically take between three and six months and often conclude at the first hearing when the parties agree on the key issues. Fault-based cases are considerably less predictable – in highly contested matters they can stretch to several years. More hearings, expert witnesses, psychological assessments. All of this translates directly into cost.

When you have children and want to be able to communicate afterwards. A proceeding in which each side works to prove the other’s fault leaves a mark – not just in the court file. Experience shows that parents who go through a calmer no-fault divorce find it significantly easier to cooperate on matters concerning their children afterwards. There is no legal provision that captures this, but its practical importance over the years that follow cannot be overstated.

When the evidence is not strong enough. Claiming fault without solid evidence is a risky strategy. Proceedings lengthen, costs increase, and the outcome becomes unpredictable. If the evidence is thin or incomplete, a no-fault divorce is the more pragmatic choice.

When the breakdown was mutual. If the marriage dissolved gradually, without a single defining event and without clear fault on either side, attempting to construct a fault narrative tends to be not only ineffective but unnecessarily painful for everyone involved – including any children.

When Is It Worth Pursuing a Fault-Based Divorce?

This is a question that calls for honesty – with yourself and with your lawyer. A fault finding is not revenge or moral vindication. It is a legal instrument that, in specific circumstances, has real financial and protective consequences.

When your financial situations will be significantly unequal after divorce. The key provision here is Article 60 § 2 of the Polish Family and Guardianship Code. If one spouse gave up their career to run the household and raise children, and the other spouse is solely at fault for the breakdown, the innocent spouse can claim spousal maintenance even without being in financial hardship – it is enough that the divorce has caused a significant deterioration in their financial situation. Without a fault finding, spousal maintenance between former spouses is only available in cases of genuine hardship under Article 60 § 1 – a considerably higher threshold.

When there was violence or addiction in the marriage. Alcoholism, drug dependency, gambling addiction, physical or psychological violence – these are circumstances Polish courts treat seriously as causes of marriage breakdown. The Court of Appeal in Poznań, in case reference I ACa 230/19, overturned the first instance judgment and granted a divorce finding the petitioner solely at fault, identifying his alcoholism as the primary cause of the marriage breakdown. The significance of that decision is clear: where addiction is well documented, courts are prepared to assign sole fault – even when a lower court did not.

When there was infidelity. Marital infidelity, particularly when sustained or repeated, is treated in court practice as a serious breach of matrimonial duties. Notably, the Poznań Court of Appeal in the same case observed that even conduct creating the appearance of infidelity may be treated as an aggravating circumstance – even if it does not constitute full infidelity in the legal sense. The line is not always sharp, and depends on the overall circumstances of the case.

When the professional and financial disparity is significant. If one spouse spent years stepping back from work or career progression to manage the home and raise children, divorce can mean a dramatic change in their financial position. In such cases, a fault finding against the other spouse opens the door to maintenance under Article 60 § 2, which can provide meaningful support during the period of rebuilding financial independence.

Mixed Strategies

In practice, the choice is not always binary from the outset.

Starting with a fault claim as a basis for negotiation. It is not uncommon for proceedings to begin with a petition citing the other spouse’s fault, only for the parties to reach an agreement during proceedings and ultimately consent to a no-fault divorce. This approach can be effective when the real objective is to negotiate favourable terms on child maintenance, property division or contact arrangements. The fault claim functions as a bargaining position – not necessarily an end goal.

Preserving evidence even when you choose no-fault. Deciding on a no-fault divorce does not have to mean discarding the evidence you have gathered. It may become relevant later – in proceedings about parental authority, contact arrangements, or domestic violence. Preserving that evidence, regardless of the path chosen in the divorce proceedings themselves, is often a sensible precaution.

FAQ

Can I change my mind during proceedings and drop the fault claim? Yes. A party who has requested a fault finding can withdraw that request at any point before the hearing closes. In practice this happens fairly often – particularly when the parties reach agreement on matters relating to children or property.

Does a fault finding affect how property is divided? Not directly. The division of joint marital property follows separate rules, and a fault finding does not automatically entitle either party to a larger share. It is possible to apply for unequal shares if one spouse recklessly or persistently failed to contribute to building the joint estate – but that is a separate proceeding with its own distinct legal requirements.

Can both spouses be found at fault? Yes. If both spouses contributed to the breakdown of the marriage, the court can find both at fault. In that case neither party benefits from the more favourable maintenance provisions under Article 60 § 2.

I am a foreign national – does Polish divorce law apply to me? It depends on which country’s law governs your marriage, determined by rules of private international law. As a general principle, if both spouses are habitually resident in Poland, Polish law is likely to apply. EU residents may also be affected by EU regulations on jurisdiction and applicable law in matrimonial matters. This is an area where individual legal advice is particularly important before any steps are taken.

Can I get divorced in Poland if we married abroad? Generally yes, provided the Polish court has jurisdiction – which typically requires that at least one spouse is habitually resident in Poland or is a Polish national. The foreign marriage certificate will need to be either apostilled or legalised and translated into Polish. A lawyer can guide you through the document requirements specific to your situation.

How long does a divorce take in Poznań? For a no-fault divorce where the parties agree on children and property matters – typically between a few months and around a year, often with a single hearing. For fault-based proceedings, the timeline is harder to predict and can range from one year to several in particularly contested cases.

Do I need to speak Polish to go through divorce proceedings in Poland? The proceedings are conducted in Polish. If your Polish is limited, you have the right to use an interpreter in court. Having a lawyer who can handle all written and procedural matters on your behalf makes the process significantly more manageable and reduces the risk of misunderstandings at critical moments.

What if my spouse is abroad and refuses to participate in Polish proceedings? Polish courts have mechanisms for serving documents internationally, including through EU regulations and bilateral agreements. A spouse living abroad who does not respond does not necessarily prevent the proceedings from moving forward, though it may affect the timeline. Your lawyer can advise on the steps needed in your specific situation.

 Read more about how property is divided after divorce in Poland → [link to relevant page]

Do you need legal help with divorce proceedings 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 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