Legal Separation in Poland — Legal Assistance in Poznań
Legal separation is an option for people who wish to formally regulate their situation following the breakdown of their marriage, but who — for various reasons — are not ready or willing to divorce. It may be a transitional step before divorce, a considered alternative to it, or simply a way of protecting financial interests and resolving matters concerning the children without permanently dissolving the marriage.
We assist with separation proceedings — both where both parties are in agreement and where one of them objects.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
What Is Legal Separation and How Does It Differ From Divorce?
Separation and divorce share a common threshold — both require a breakdown of the marital relationship. The fundamental difference, however, is significant.
Divorce permanently dissolves the marriage. Once the judgment becomes final, the marriage ceases to exist. Each former spouse may remarry, revert to a previous surname and is free of all formal legal ties to the other.
Separation does not dissolve the marriage. The spouses remain married in the eyes of the law — with all the legal consequences that follow from that. They cannot remarry. A spouse in legal separation cannot revert to their pre-marriage surname — that option is available only after divorce.
There is also a key difference in the legal threshold. Divorce requires a breakdown of the marital relationship that is both complete and permanent — it must be clear that the marriage has no prospect of being restored. Separation requires only a complete breakdown — the court does not examine whether it is permanent (Art. 61¹ of the Family and Guardianship Code, hereinafter “FGC”). This is an important distinction for anyone who is uncertain about their final decision.
When Will a Court Grant Separation?
The court will grant separation where there has been a complete breakdown of the marital relationship — meaning all three bonds between the spouses have ceased: the emotional, physical and economic bonds (Art. 61¹ FGC).
The court will refuse to grant separation where (Art. 61² FGC):
- doing so would harm the welfare of the parties’ minor children, or
- it would be contrary to the principles of social coexistence.
In practice, outright refusals are rare — the position mirrors that in divorce proceedings.
Two Types of Proceedings
Polish law provides for two procedurally distinct routes, depending on whether the parties are in agreement.
Consensual Separation — Non-Contentious Proceedings
Where both spouses wish to separate and have no minor children, the case is handled as non-contentious proceedings (postępowanie nieprocesowe) on the basis of a joint application (Art. 61³ FGC). This is a significantly simpler, faster and cheaper procedure than a full contested case. The court does not examine the reasons for the breakdown in detail — a joint declaration by the parties is sufficient.
Contested Separation Proceedings
Where the parties have minor children, or where one spouse does not consent to the separation, the case proceeds as contentious litigation — in the same way as a divorce. The court conducts evidential proceedings and decides on parental authority, child contact and maintenance.
Legal Effects of Separation
A separation judgment changes the spouses’ legal position in several important respects.
Marital property From the moment the separation judgment becomes final, the marital community of property ends (Art. 54 FGC). Each spouse from that point acquires assets as their sole personal property. The court may, on application, divide the existing marital estate.
Inheritance Spouses in legal separation do not inherit from each other under the rules of intestate succession. If one wishes to protect the other’s financial interests in the event of death, a will is required. This is a significant difference from a marriage without separation — and one of the reasons it is worth thinking through the consequences of separation carefully in advance.
Mutual assistance Spouses in legal separation remain under an obligation to assist each other where the principles of fairness require it (Art. 61⁴ FGC). This distinguishes separation from divorce — after divorce, a former spouse can only claim maintenance if strict legal conditions are met. In separation, the obligation to assist is broader, though not unconditional.
Maintenance The same rules on spousal maintenance apply in separation as in divorce. If separation is granted on grounds of the sole fault of one spouse, the other may claim maintenance where the separation has caused a significant deterioration in their financial position — even without being in genuine need. Where fault is not attributed, or is attributed to both, maintenance can only be claimed in cases of genuine financial need.
Children The court granting separation also decides on parental authority, child contact arrangements and child maintenance — in the same way as in divorce proceedings.
Surname A spouse who changed their surname on marriage cannot revert to their previous surname following a separation judgment. The right to revert is available only after divorce, within three months of the divorce judgment becoming final. This is one of the practical reasons why some people ultimately choose divorce over separation.
Lifting the Separation
Separation can be lifted — and this is the most fundamental difference from divorce. If the spouses decide to reconcile, they may file a joint application to lift the separation with the court (Art. 61⁵ FGC). The court grants the lifting in non-contentious proceedings.
When the separation is lifted, marital community of property is restored between the spouses — unless they have entered into a marital property agreement (intercyza) providing for a different regime. This is worth bearing in mind when planning finances during the period of separation.
Separation or Divorce — Which to Choose?
This is a question worth thinking through carefully — because each option carries different legal and practical consequences.
Separation may be the better option where: the parties are uncertain whether they want to end the marriage permanently and need time to reflect; religious or personal beliefs are against divorce; the parties wish to retain access to shared health insurance or survivor’s pension rights; or the priority is to regulate financial matters and child arrangements without formally dissolving the marriage.
Divorce may be the better option where: the parties are certain they will not reconcile; one of them wishes to remarry; reverting to a previous surname matters; or both parties want a complete and final legal separation from each other.
There is no single right answer — it depends on the specific situation, values and life plans of both parties.
Should You Have a Lawyer?
In a consensual separation without children — the procedure is simplified and the case is relatively straightforward. Even so, it is worth consulting a lawyer before filing, to make sure you fully understand the consequences — particularly those relating to property and inheritance.
In contested separation proceedings — where the parties disagree or where there are minor children — the situation is more complex. The proceedings unfold in exactly the same way as a divorce, with the same evidential and emotional demands. Professional representation is just as important here as in a divorce case.
It is also worth taking legal advice on whether separation or divorce is the better choice in your specific circumstances — because that decision has long-term legal, financial and personal consequences.
Preparing for Your First Consultation
The first consultation costs 400 PLN and lasts 60–90 minutes. Before the meeting it is worth thinking through whether both parties are in agreement about the separation, whether you have minor children and how you would like custody, contact and maintenance to be arranged. Bring the marriage certificate and the children’s birth certificates if you have them.
At the meeting we will tell you which type of proceedings applies in your situation, what the consequences of separation are compared to divorce, and what is worth considering before you take this step.
Frequently Asked Questions
Does separation require the other spouse’s consent? No — separation can be granted even against the will of one spouse, provided the court finds a complete breakdown of the marital relationship. The absence of consent means only that the case proceeds as contentious litigation rather than non-contentious proceedings.
Can marital property be divided following separation? Yes. Once the separation judgment becomes final, the marital community of property ends and the parties may divide the estate — by notarial agreement if they are in agreement, or through court proceedings if they are not.
How long does a separation case take? A consensual separation without children in non-contentious proceedings — typically a few months. A contested separation with children or without the other party’s consent — similar to a divorce, from a few months to a year or more, depending on the level of conflict and the volume of evidence.
Can you divorce after separation? Yes — separation does not close the door to divorce. If the parties conclude that they do not wish to reconcile, a divorce petition may be filed at any point during the period of separation.
Does a separated spouse inherit from the other? No — a separation judgment excludes intestate succession between the spouses. If one spouse wishes to protect the other’s financial interests in the event of death, a will must be made.
Contact Us
We assist with separation and with the lifting of separation in Poznań and across Greater Poland — in person and online.
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.