Divorce in Poland for Foreign Nationals — Legal Assistance in Poznań
If you are a foreign national living in Poland and your marriage has broken down, you may be wondering whether you can divorce here — and if so, under what rules. The answer is yes, in many cases — but the legal framework is more complex than a straightforward domestic divorce, and the right approach depends on your specific situation: your nationality, your spouse’s nationality, where you both live, and whether any court proceedings have already taken place abroad.
We have experience advising foreign nationals on divorce and family law matters in Poland. We work in English and handle cases before the Regional Court in Poznań (Sąd Okręgowy w Poznaniu) and, through our branch offices, before the Regional Court in Kalisz.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
Can Polish Courts Handle Your Divorce?
Polish courts have jurisdiction to hear a divorce case involving a foreign national where at least one of the following conditions is met (Art. 1103² of the Code of Civil Procedure, Kodeks postępowania cywilnego):
- both spouses last lived or habitually resided in Poland, and at least one of them still does,
- the petitioning spouse has lived in Poland for at least one year immediately before commencing proceedings,
- the petitioning spouse is a Polish national and has lived in Poland for at least six months immediately before commencing proceedings,
- both spouses are Polish nationals.
In practice, this means that if you have been living in Poland for at least a year — regardless of your nationality — you can file for divorce here. You do not need to return to your home country to divorce.
If both you and your spouse reside in Poland, the situation is straightforward. If one of you lives abroad, jurisdiction becomes more complex — and it is important to act promptly, because if both spouses file proceedings in different countries simultaneously, the case is generally heard by whichever court commenced proceedings first.
Which Law Applies to Your Divorce?
Knowing which court has jurisdiction is one thing — knowing which country’s law that court will apply is another. These are two separate questions, and the answer to the second depends on your circumstances.
EU nationals — Rome III Regulation
Poland participates in the Rome III Regulation (Council Regulation (EU) No 1259/2010), which allows spouses to choose the law applicable to their divorce from a defined list of options — for example the law of the country where they habitually reside, or the law of either spouse’s nationality.
If no choice is made, Rome III sets out a hierarchy of rules to determine the applicable law. In most cases involving two EU nationals living in Poland, Polish law will apply.
Note that not all EU member states participate in Rome III — the United Kingdom (prior to Brexit), Denmark and several others opted out. If one of the spouses is a national of a non-participating state, different rules may apply.
Non-EU nationals — Polish Private International Law
For nationals of countries outside the EU, the applicable law is determined by the Act on Private International Law (ustawa Prawo prywatne międzynarodowe) of 2011. Under Art. 54 of that Act, divorce is governed by the common national law of the spouses — if they share a nationality. If they have different nationalities, Polish law applies as the law of their common place of habitual residence in Poland.
In straightforward terms: if you are both Ukrainian nationals living in Poland, there are specific bilateral treaty rules (see below). If you are, for example, a British national married to a German national and both living in Poland, Polish law will generally govern the divorce.
Ukrainian nationals — the 1993 Bilateral Treaty
Poland and Ukraine are bound by a bilateral treaty on legal assistance signed in Kyiv on 24 May 1993, which contains specific rules on jurisdiction and applicable law for divorce. Where both spouses are Ukrainian nationals living in Poland, Ukrainian law applies and the case is, as a rule, within the jurisdiction of Ukrainian courts — though there are exceptions. Where one spouse is Ukrainian and the other Polish, and both live in Poland, Polish law applies and Polish courts have jurisdiction.
Given the significant number of Ukrainian nationals now living in Poland, we have specific experience in this area and can advise on the interaction between Polish and Ukrainian family law.
How Does the Divorce Proceed in Poland?
Once jurisdiction and applicable law are established, the proceedings themselves follow the standard Polish divorce procedure — before the Regional Court (sąd okręgowy) with jurisdiction over the parties’ last common place of residence in Poland.
Proceedings are conducted in Polish. If you do not speak Polish to a sufficient level, a sworn interpreter (tłumacz przysięgły) must be present at hearings. We can advise on arranging interpretation and assist with the translation of documents.
The court will apply whichever substantive law is applicable — Polish, or the law of another country as determined by the rules above. Where foreign law applies, it must be established before the Polish court, often with the assistance of a legal expert.
The divorce judgment deals with the same matters as in any Polish divorce: dissolution of the marriage, parental authority, child contact, maintenance and — where requested — arrangements for the family home. Division of marital property is dealt with in separate proceedings.
Recognising a Foreign Divorce Judgment in Poland
If your divorce was granted abroad and you need it to be recognised in Poland — for example to remarry, to update your civil status records or for property matters — the procedure depends on where the judgment was issued.
Judgments from EU Member States
Under the Brussels IIb Regulation (Council Regulation (EU) No 2019/1111, in force from 1 August 2022), divorce judgments issued by courts in EU member states are automatically recognised in Poland without any separate recognition proceedings. You simply need to present the foreign judgment, accompanied by a certificate issued by the court of origin under the Regulation.
This means that if you divorced in Germany, France, the Netherlands or any other EU member state, your divorce is automatically valid in Poland — no Polish court needs to approve it.
Judgments from Non-EU Countries
For judgments from countries outside the EU — including Ukraine, the United Kingdom (post-Brexit), the United States, or any other non-member state — a formal recognition procedure before a Polish court is required (Arts. 1145–1146 of the Code of Civil Procedure).
The application is filed with the district court (sąd rejonowy) competent for the applicant’s place of residence in Poland. The court examines whether the foreign judgment meets the conditions for recognition — including whether it was issued by a court with proper jurisdiction, whether the proceedings were fair, and whether recognition would not be contrary to fundamental principles of Polish public policy (klauzula porządku publicznego).
We handle recognition proceedings and advise on the documents required — including sworn translations of the foreign judgment and any supporting certificates.
Specific Situations We Handle
Two foreign nationals living in Poland Where both spouses are foreign nationals residing in Poland, Polish courts generally have jurisdiction. The applicable law depends on the parties’ nationalities and any applicable EU regulations or bilateral treaties. We assess the full picture and advise on the most effective approach.
Foreign national married to a Polish citizen This is one of the most common situations we encounter. Where both parties live in Poland, proceedings are straightforward and Polish law applies. Where one party lives abroad, jurisdiction and applicable law need to be carefully assessed — and timing matters.
One spouse in Poland, one spouse abroad This situation requires particular attention. If your spouse files proceedings in their country before you file in Poland, their court may acquire jurisdiction first. We advise on when and where to file to protect your position.
Recognising a foreign divorce in Poland Whether your divorce was granted in Ukraine, the UK, the US or elsewhere, we assist with the full recognition process — assessing what is needed, preparing the application and representing you before the Polish court.
Practical Matters for Foreign Nationals
Language: All court proceedings in Poland are conducted in Polish. Documents submitted in other languages must be accompanied by sworn translations. We work in English and can guide you through the entire process in a language you understand.
Documents: You will generally need your marriage certificate, any children’s birth certificates and identity documents — all with certified Polish translations if they are in a foreign language. We advise on exactly what is required in your specific case.
Temporary residence and divorce: Your right to remain in Poland is not automatically affected by a divorce. However, if your right of residence was connected to your spouse’s status, it is worth taking separate advice on your immigration position.
Why Have a Lawyer in a Cross-Border Divorce?
Cross-border divorces are significantly more complex than domestic ones. Questions of jurisdiction, applicable law and the recognition of foreign judgments require specific expertise — and errors at the outset can be costly and difficult to reverse.
We advise foreign nationals on Polish family law matters regularly. We understand the practical as well as the legal dimensions of living in a country where the legal system, the language and the procedures are unfamiliar — and we make sure that you understand exactly where you stand and what your options are before any decision is made.
Your First Consultation
The first consultation costs 400 PLN and lasts 60–90 minutes. We conduct consultations in English, in person in Poznań and remotely by video call, telephone or email.
Before the meeting it helps to have a basic timeline of the marriage — when and where you married, where you have lived since, where your spouse currently lives, and whether any proceedings have already been started anywhere. Bring your marriage certificate if you have it, along with any relevant court documents if proceedings are already under way.
At the meeting we will assess jurisdiction, identify the applicable law, explain the likely procedure and costs, and give you a clear plan of action.
Contact Us
Kancelaria Prawa Rodzinnego 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 | prawnikodrozwodu.pl
Office hours: Monday–Friday, 8:00–16:00 Consultations in person and online. First consultation: 400 PLN.
This page is for general informational purposes only and does not constitute legal advice. Legal information current as of January 2026.