Divorce petition without fault finding in Poland – template and practical guide

The majority of divorce proceedings in Poland conclude without any fault finding. It is a faster, less expensive, and less emotionally demanding route – and for many couples, clearly the right choice. Where both spouses agree that the marriage has irretrievably broken down and neither seeks a finding that the other is to blame, the proceedings can move surprisingly quickly. This article explains how such a petition works and what it should contain.

Table of contents

1. How does a no-fault divorce differ from a fault divorce in Poland?
2. When will the court grant a no-fault divorce?
3. Which court handles the case and what does it cost?
4. What should the petition contain?
5. Template divorce petition without fault finding
6. What to write in the statement of reasons
7. FAQ

How does a no-fault divorce differ from a fault divorce in Poland?

The key difference is straightforward: in a no-fault divorce, the court does not examine which spouse contributed to the breakdown of the marriage. There is no extensive evidence hearing on the parties’ conduct, no witnesses called to testify about the history of the relationship, no analysis of who did what to whom. The court simply establishes that the marriage has broken down completely and permanently – and grants the divorce.

This translates directly into the length of proceedings. Where both spouses agree on the fact of the breakdown and there are no contested issues concerning the children, the case can be concluded at the first hearing. Proceedings involving a fault finding typically last between one and several years.

There is, however, an important legal difference. Without a fault finding, the maintenance rights between former spouses are narrower (Article 60 § 1 of the Family and Guardianship Code) than where one spouse has been found solely at fault for the breakdown. This is worth bearing in mind when deciding which route to take.

When will the court grant a no-fault divorce?

The fundamental condition for any divorce in Poland is the complete and permanent breakdown of the marital union (Article 56 § 1 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy) – understood as the cessation of the spiritual, physical, and economic community between the spouses. Without establishing the breakdown, the court will not grant a divorce regardless of the parties’ agreement.

The waiver of a fault finding requires the joint application of both spouses. It is sufficient for the petitioner to frame the claim as seeking a divorce without a fault finding, and for the respondent not to contest this in their response. If the respondent demands that fault be attributed to the petitioner, the proceedings automatically become more complex.

One important point: where the parties have minor children, the court must still rule on parental authority, contact arrangements, and child maintenance – even where both parties have agreed to waive any fault finding. The absence of a fault dispute does not relieve the court of its obligation to examine the children’s situation.

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 determined by the last shared place of residence of the spouses, 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. Where the divorce is granted without a fault finding, half of that fee – PLN 300 – is refunded to the petitioner after the judgment becomes final. This refund requires a separate application to the court and is something many people are unaware of.

What should the petition contain?

A no-fault divorce petition involving children must address several matters simultaneously. Beyond the request to dissolve the marriage without a fault finding, it should include: a proposal on parental authority and the child’s place of residence; a proposed contact schedule for the other parent; a claim for child maintenance; and – where necessary – an application for interim maintenance to be secured for the duration of the proceedings.

Interim relief for maintenance (both in relation to the child and by way of contribution to the family’s needs under Article 27 of the Family and Guardianship Code) is particularly important in longer proceedings – it ensures that funds are available for day-to-day needs before the judgment becomes final.

Template divorce petition without 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, without a fault finding;

2. Entrusting the exercise of parental authority over the minor child of the parties, (full name), born on _____________ in _____________, to both parents jointly, with the child’s place of residence established at the mother’s/father’s home;

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 financial and professional situation of the parties; the costs of maintaining the petitioner and the minor child; and the current involvement of each parent in the child’s upbringing and care;

7. 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 describe the circumstances that led to the complete and permanent breakdown of the marriage – the cessation of the spiritual, physical, and economic community between the spouses – without attributing fault to either party. It should identify when the breakdown occurred, describe the child’s situation, the costs of the child’s upkeep, and each parent’s current involvement in the child’s life. It should also set out both parties’ financial and professional circumstances as the basis for the maintenance claim.)

(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);
• any other documents referred to in the body of the petition.

What to write in the statement of reasons

The statement of reasons in a no-fault divorce petition is structurally simpler than in a fault petition – there is no need to establish the other party’s blameworthy conduct. What is required is a demonstration that the marriage has genuinely broken down completely and permanently.

It is worth describing: when and why the bond between the spouses began to deteriorate; since when the parties have not been cohabiting; what their current living arrangements look like – separate households, no shared plans or finances. There is no need – and no reason – to describe who was at fault. A straightforward account of the factual state of the marriage is sufficient.

Where there are children, the statement of reasons must also address: the child’s age and needs, the costs of the child’s upkeep broken down by category, each parent’s current involvement in care and upbringing, and the justification for the proposed contact schedule.

FAQ

Do both spouses have to agree to a no-fault divorce? Yes – waiving the fault finding requires the joint application of both parties. If the respondent demands a finding that the petitioner is at fault, the court must examine that question even where the petitioner has not sought any fault finding.

Can I still claim maintenance from my former spouse in a no-fault divorce? Yes, but on a narrower basis. A former spouse who has fallen into financial need as a result of the divorce may claim maintenance from the other, regardless of any fault finding (Article 60 § 1 of the Family and Guardianship Code). The broader maintenance entitlement – where the innocent spouse may claim even without being in actual need – applies only where the other spouse has been found solely at fault.

If both parties agree, can the case be concluded at the first hearing? It can be, but it is not guaranteed. Where the parties have minor children and there are contested issues regarding custody or maintenance, the court will need to conduct evidence proceedings on those matters. Where there is full agreement between the parties – on the breakdown, the children, and maintenance – a single hearing is a realistic prospect.

What if the respondent does not appear at the hearing? The court may issue a default judgment where the respondent has not filed a response and has not appeared at the hearing. Default judgments in divorce cases are uncommon in practice – the court typically makes repeated attempts at service and summons the respondent again.

Will I receive a partial refund of the court fee? Yes. Where a divorce is granted without a fault finding, the petitioner is entitled to a refund of half the court fee – PLN 300. A separate application to the court for the refund must be submitted after the judgment becomes final.

I am a foreign national – does this procedure 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 both spouses are habitually resident in Poland, Polish courts generally have jurisdiction. The no-fault procedure described in this article applies regardless of the parties’ nationality. All documents submitted to a Polish court must be in Polish; documents in other languages require a sworn translation. If you married abroad, the foreign marriage certificate will typically need to be legalised or apostilled and translated before it can be submitted.

What happens to the joint marital property after the divorce? The divorce judgment itself does not divide the joint marital estate. Once the judgment becomes final, the joint property regime ends – but the assets remain co-owned by the former spouses until formally divided, either by notarial deed or through separate court proceedings for division of joint marital property.

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

Questions about filing a no-fault divorce petition 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