When Will a Court Grant a Divorce — and When Will It Refuse?
When Will a Court Grant a Divorce — and When Will It Refuse?
Polish law provides that a court will grant a divorce where there has been a complete and permanent breakdown of the marital relationship (Art. 56 § 1 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy, k.r.o.). This is a legal concept that is not always immediately clear — which is why we explain below what it means in practice, and when a divorce may be refused.
Contents
- What is a complete and permanent breakdown?
- When can a court refuse to grant a divorce?
- The welfare of minor children
- Sole fault for the breakdown
- Principles of social coexistence
- FAQ
What Is a Complete and Permanent Breakdown?
The breakdown of a marital relationship is complete where all three bonds between the spouses have ceased:
The emotional bond — the spouses no longer communicate, support each other or spend time together. They have become strangers to one another.
The physical bond — the spouses no longer cohabit.
The economic bond — each spouse manages their own finances independently, they run separate households and no longer assist each other in everyday matters.
The cessation of all three bonds is a necessary condition. The breakdown of the physical bond alone — where the spouses still support each other emotionally and manage the household jointly — is not sufficient for divorce.
The breakdown is permanent where there is no realistic prospect of restoring the marriage. A temporary crisis, tension or an argument is not enough. The court examines whether the breakdown is definitive in nature, rather than merely transient.
From our experience at the firm, courts in Poznań refuse divorce petitions relatively rarely. In the great majority of cases where the breakdown of the marriage is genuinely complete and permanent, a judgment granting the divorce is issued.
When Can a Court Refuse to Grant a Divorce?
Even where the breakdown of the marital relationship is both complete and permanent, there are situations in which the court must refuse to grant the divorce (Art. 56 § 2 k.r.o.). These are three so-called negative conditions.
The Welfare of Minor Children
The court will not grant a divorce where doing so would harm the welfare of the parties’ minor children. This is assessed individually in every case — there are no rigid rules.
Importantly, simply having minor children does not prevent a divorce. In many cases, divorce is actually a better outcome for the children than the continuation of a marriage marked by constant conflict, infidelity or addiction. The court examines the specific situation — whether the breakdown of the family unit would harm the children more than its continuation in its current state.
Sole Fault for the Breakdown
A divorce cannot be granted at the request of a spouse who bears sole fault for the breakdown of the marital relationship — where the other spouse refuses to consent to the divorce (Art. 56 § 2 k.r.o.). A straightforward example: a spouse who was repeatedly unfaithful while the other was blameless cannot seek a divorce against the innocent spouse’s wishes.
It is worth noting that this obstacle falls away if the innocent spouse consents to the divorce — or if their refusal is, in the circumstances, contrary to the principles of social coexistence.
Principles of Social Coexistence
The third negative condition is the most difficult to define. The court may refuse to grant a divorce where doing so would be contrary to the principles of social coexistence (zasady współżycia społecznego) — meaning the moral and social norms generally accepted in society.
Case law shows that this ground arises relatively rarely. One example from the courts involves a situation where one spouse is incurably ill, requires constant care and assistance, and the other spouse — seeking the divorce — would be the only person able to provide that care. It is worth noting that mental illness is not treated as a basis for applying this ground.
FAQ
Can you divorce if the spouses still live together? Yes — the mere fact of sharing a home does not mean the economic bond is still intact, provided the spouses manage separate finances and do not assist each other on a day-to-day basis. The court assesses the actual state of the relationship, not simply whether the parties live under the same roof.
Does infidelity always mean a fault finding? Infidelity is one of the most commonly cited grounds for a fault finding, but the court examines the overall circumstances. Where the infidelity occurred after the marriage had already factually broken down, its weight in the proceedings may be reduced.
Can the court refuse to grant a divorce even where both parties want one? Yes — if one of the negative conditions applies, the court may refuse even where both spouses are seeking the divorce. In practice, however, this is rare.
Does a spouse’s illness prevent a divorce? Not in every case. Mental illness is not an obstacle. An incurable illness requiring constant care may be — but the court assesses this individually, taking all the circumstances into account.
What if one spouse refuses to consent to the divorce? Lack of consent does not block the proceedings. The court may grant a divorce against one party’s wishes if it finds a complete and permanent breakdown of the marital relationship. The exception is where the objecting spouse is the innocent party and the other spouse is solely responsible for the breakdown.
Need help with a divorce case? Call +48 531 335 713 or email kancelaria@prawnikodrozwodu.pl
This article is for general informational purposes only and does not constitute legal advice in any individual case. Every family law matter requires analysis of the specific circumstances and documents involved. The 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 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