Divorce petition with fault finding in Poland – template and practical guide

The decision to seek a fault finding in divorce proceedings is one of the most significant strategic choices in the entire case. It has real legal consequences – financial and otherwise. If you are considering this route, this article will help you understand what a fault finding actually means under Polish law, when it is worth pursuing, and what the petition that triggers the process looks like.

Table of contents

1. What is a fault finding and what are its consequences?
2. When is seeking a fault finding worthwhile – and when is it not?
3. Which court handles the case and what does it cost?
4. What must a divorce petition with fault finding contain?
5. Template divorce petition with fault finding
6. What to write in the statement of reasons
7. FAQ

What is a fault finding and what are its consequences?

Polish family law provides that the court, when granting a divorce, may – on the application of either spouse – determine which of them bears fault for the breakdown of the marriage (Article 57 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy). The court may find that fault lies exclusively with one spouse, that both spouses share fault, or – at the joint request of both parties – decline to make any fault finding at all.

A fault finding is not merely symbolic. It has concrete legal consequences, the most important of which concerns maintenance between former spouses after the divorce (Article 60 of the Family and Guardianship Code). The innocent spouse whose standard of living has deteriorated as a result of the divorce may claim from the spouse found solely at fault a contribution towards their reasonable needs – even where the innocent spouse is not in actual financial need. This is a considerably broader entitlement than applies where no fault finding is made.

When is seeking a fault finding worthwhile – and when is it not?

Seeking a fault finding is a conscious procedural strategy, not an outlet for emotion. It is worth considering where you have concrete evidence – for example, documenting infidelity, domestic violence, alcohol dependency, or abandonment of the family – and where the fault finding will bring you genuine legal benefits, above all the ability to claim maintenance on a broader basis.

On the other hand, seeking a fault finding significantly extends proceedings – sometimes by a year or two compared with a divorce without any fault determination. It also generates higher costs and a higher level of stress for both parties, and above all for any children. Where the evidence is insufficient or the legal benefit of a fault finding is modest, relinquishing that claim may be the more rational choice.

In our experience, the decision to seek a fault finding should always be preceded by a sober assessment of the available evidence and the realistic legal benefits – not only by an emotional need to be proved right.

Which court handles the case and what does it cost?

Divorce cases fall within the jurisdiction of the regional court – civil division (sąd okręgowy, wydział cywilny). Territorial jurisdiction is strictly defined: the petition is filed with the court for the district in which the spouses had their last shared place of residence, provided at least one of them still lives or has their ordinary residence there. Where that basis does not exist, the court for the respondent’s place of residence has jurisdiction. Where that basis is also absent, the court for the petitioner’s place of residence applies.

The court fee for a divorce petition is PLN 600, regardless of whether a fault finding is sought. The fee is payable by bank transfer to the court’s account or at the court cashier’s office.

What must a divorce petition with fault finding contain?

A divorce petition seeking a fault finding must contain more than a straightforward petition. Beyond the standard elements – identification of the court and parties, the request to dissolve the marriage – it should include: the request for a finding that the respondent bears exclusive fault (or that both spouses share fault); requests regarding parental authority and contact with the children (where applicable); a claim for child maintenance and, where applicable, maintenance for the petitioner; an application for interim maintenance to be secured for the duration of the proceedings; and evidence applications – a list of witnesses and documents with a precise statement of the fact each is intended to establish.

The statement of reasons must set out specific facts and evidence establishing both the complete and permanent breakdown of the marriage (the positive condition under Article 56 § 1 of the Family and Guardianship Code) and the respondent’s fault.

Template divorce petition with fault finding

Poznań, _____________ [date]

Regional Court in Poznań Civil Division I ul. Hejmowskiego 2 61-736 Poznań

Petitioner: (full name) residing at: _______________________________ PESEL: _____________________________

Respondent: (full name) residing at: _______________________________ PESEL: _____________________________

Court fee: PLN 600

Divorce petition

Acting on my own behalf, I apply for:

1. Dissolution of the marriage of the petitioner (full name) and the respondent (full name), contracted on _____________ before the Registrar of Civil Status in _____________, by divorce, with a finding that the respondent bears exclusive fault for the breakdown of the marriage;

2. Entrusting the exercise of parental authority over the minor child of the parties, (full name), born on _____________ in _____________, to the petitioner, with a simultaneous restriction of the respondent’s parental authority to joint decision-making on significant matters concerning the child’s education, medical treatment, and foreign travel;

3. Regulation of the respondent’s contact with the minor child of the parties by ordering that contact shall take place on the following terms: (proposed schedule);

4. An order that the respondent pay the minor child of the parties (full name) maintenance of PLN _______ per month, payable to the petitioner by the _______ day of each month, together with statutory interest for late payment, with effect from the date on which the judgment becomes final;

5. Interim relief by way of an order that the respondent pay to the minor child the sum of PLN _______ per month and to the petitioner the sum of PLN _______ per month by way of contribution to the family’s needs (Article 27 of the Family and Guardianship Code) until the conclusion of these proceedings, payable by the _______ day of each month together with statutory interest for late payment;

6. Admission of evidence from the examination of the parties – for the purpose of establishing: the complete and permanent breakdown of the marital union; the respondent’s fault in the breakdown; the financial and professional situation of the parties; and the costs of maintaining the petitioner and the minor child;

7. Admission of evidence from the testimony of the following witnesses:

   • (full name), residing at _____________ – to give evidence as to the complete and permanent breakdown of the marital union and the respondent’s fault;
   • (full name), residing at _____________ – to give evidence as to (specific fact);

8. An order that the respondent pay the petitioner’s costs of proceedings in accordance with the applicable scales.

Statement of reasons

(The statement of reasons should set out the chronology of events leading to the breakdown of the marital union, identify the specific conduct of the respondent establishing their fault – infidelity, physical or psychological violence, alcohol or substance dependency, abandonment of the family, persistent failure to meet financial obligations – describe the situation of the children, the costs of the child’s upkeep, and the financial and professional circumstances of both parties. Every assertion should be supported by evidence.)

(signature of the petitioner)

Attachments:

• copy of the petition and attachments (for service on the respondent);
• proof of payment of the court fee (PLN 600);
• abbreviated certified copy of the marriage certificate;
• abbreviated certified copy/copies of the child’s/children’s birth certificate(s);
• documents referred to in the body of the petition (printed messages, certificates, medical records, etc.).

What to write in the statement of reasons

The statement of reasons in a fault divorce petition must accomplish two things simultaneously. First, it must establish that the marital union has broken down completely and permanently – meaning the spiritual, physical, and economic community between the spouses has ceased. Second, it must prove that this breakdown was caused by the respondent’s conduct.

Chronology is critical. The court will examine whether the conduct identified as the cause of the breakdown actually preceded it – or whether it occurred only after the marriage had already ceased to function. The latter will be treated as a consequence of the breakdown, not its cause.

Conduct that courts treat as blameworthy includes: marital infidelity (where committed before the breakdown), physical or psychological violence, alcohol or substance dependency, abandonment of the family, persistent failure to meet financial obligations towards the family, and gross violation of marital duties. Each of these allegations requires supporting evidence – witness testimony, documents, printed correspondence.

FAQ

What is the practical difference between a fault divorce and a no-fault divorce in Poland? In a no-fault divorce (where both parties agree to waive any fault finding), the court does not examine the causes of the breakdown – proceedings are shorter and less emotionally costly. In a fault divorce, the court conducts full evidence proceedings. The key legal difference concerns post-divorce maintenance: the innocent spouse has considerably broader maintenance rights against a spouse found solely at fault than in a case where no fault finding is made.

How long does a fault divorce take in Poland? Considerably longer than a no-fault divorce – typically between one and a half and three years before the court of first instance, and longer still if the judgment is appealed. The duration depends on the number of witnesses, the need for expert reports (for example from the Court Expert Opinion Team, OZSS, in disputes about children), and the court’s workload.

What if I do not have enough evidence to establish fault? Without sufficient evidence, seeking a fault finding carries risk – the court may find fault on both sides or decline to make the finding sought. Before filing, it is worth taking legal advice to assess what evidence is available and whether it is adequate to support the claim.

Can I withdraw the fault claim during the proceedings? Yes. At any point during the proceedings the petition can be amended to seek a no-fault divorce (with the respondent’s agreement), or the claim for exclusive fault can be replaced with a claim for shared fault. This change can significantly accelerate the conclusion of the case.

Does a fault finding affect the division of marital property? Not directly. Joint marital property is in principle divided equally regardless of fault. The exception is an application to establish unequal shares in the joint estate – but this requires separate proof of a different degree of contribution to the creation of the estate, not merely proof of fault in the breakdown of the marriage.

I am a foreign national – do these rules apply to my divorce in Poland? Yes, where the Polish court has jurisdiction over the divorce. EU Regulation Brussels IIb governs jurisdiction between EU member states. Where the Polish court has jurisdiction and applies Polish law, the rules on fault described in this article apply regardless of the parties’ nationality. If you are unsure whether a Polish court has jurisdiction over your divorce, or which country’s law applies, legal advice is strongly recommended before any petition is filed.

What is the difference between fault finding and domestic violence proceedings? A fault finding in divorce proceedings is a civil law determination – it establishes responsibility for the breakdown of the marriage and affects maintenance rights. It does not result in any criminal sanction. Where domestic violence has occurred, separate criminal proceedings under the Criminal Code may be pursued independently of the divorce. Evidence gathered in criminal proceedings may also be used in the divorce case.

Read more about how divorce proceedings work in Poland and what to expect at each stage → [link to relevant page]

Considering a fault divorce and want to know whether your case has a realistic prospect? 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