Who pays the costs of divorce proceedings in Poland? Does financial hardship make any difference?

Divorce proceedings involve costs – the court filing fee, the fees of a lawyer, and sometimes the costs of expert reports. Who ultimately pays? And can a spouse who has lost the case but is in financial difficulty expect the court to relieve them of the obligation to reimburse the other side? This question arises more often than one might expect – and the answer is not as straightforward as many people assume.

Table of contents

1. The general rule – who bears the costs of proceedings?
2. Can the court depart from this rule?
3. Financial hardship – is it enough?
4. What did the Court of Appeal in Poznań decide?
5. Exemption from court fees versus litigation costs – an important distinction
6. Practical guidance
7. FAQ

The general rule – who bears the costs of proceedings?

Polish civil procedure rests on a straightforward principle: if you lose, you pay. This follows directly from Article 98 § 1 of the Code of Civil Procedure (Kodeks postępowania cywilnego), which provides that the losing party is obliged to reimburse the opposing party for the costs necessary for the effective pursuit of their rights and the effective conduct of their defence.

In practice, this means that a spouse found solely at fault for the breakdown of the marriage may be ordered to pay not only their own costs but also those incurred by the other spouse – including the fees of the lawyer the other party engaged. These amounts can be significant, particularly in cases that run for a long time and require extensive evidence to be gathered and assessed.

Can the court depart from this rule?

Yes – but only in exceptional circumstances. Article 102 of the Code of Civil Procedure provides that in “particularly justified cases” the court may order the losing party to pay only part of the costs, or may not order them to pay costs at all.

The provision is deliberately narrow in scope. The word “particularly” is not accidental – the legislature intended it to cover genuinely exceptional situations, not every case in which the losing party happens to be in a weaker financial position. In each case, the court must establish that there is a specific, exceptional basis justifying a departure from the general rule of liability for the outcome of proceedings.

What might constitute such a basis? Courts take into account factors such as the nature of the case (family law cases often have an emotional and human dimension that may carry weight), the particular circumstances of the case, and considerations of fairness. But – and this is the key point – the mere financial hardship of the party required to pay costs is not a sufficient basis on its own for applying Article 102.

Financial hardship – is it enough?

No. This is one of the more common misconceptions we encounter in practice: the belief that having no income, living on welfare payments, or being in a difficult life situation automatically exempts a party from reimbursing the other side’s costs. It does not.

Polish law distinguishes between two entirely separate institutions: exemption from court fees (such as the filing fee payable to the court) and the obligation to reimburse litigation costs incurred by the other party. A party may be exempted from court fees on the basis of financial hardship – but that exemption does not automatically extend to the costs the other side has borne.

This is stated expressly in the Law on Court Costs in Civil Cases (ustawa o kosztach sądowych w sprawach cywilnych): exemption from court fees does not relieve a party of the obligation to reimburse the opposing party’s litigation costs. This is an important distinction, and being unaware of it can prove costly.

What did the Court of Appeal in Poznań decide?

The Court of Appeal (Sąd Apelacyjny) in Poznań, in its decision of 6 March 2013 (reference I ACz 371/13), considered a complaint filed by a defendant who had been found solely at fault for the breakdown of the marriage and who applied to be relieved of the obligation to pay litigation costs. His argument was that he had no income and that his only source of support was a welfare benefit.

The Court of Appeal did not accept this argument. In its reasoning, the court noted that in accordance with the recommendations of the Council of Europe, the principle should be that the winning party receives from the losing party reimbursement of costs reasonably expended on the proceedings. The departure from that principle provided for in Article 102 of the Code of Civil Procedure may occur only in exceptional circumstances. The financial hardship of the party required to pay cannot be the sole and exclusive basis for relieving that party of the obligation to reimburse costs.

This ruling remains fully applicable today. The provisions and the line of case law on this point have not changed – courts continue to apply Article 102 with restraint, treating it as a narrow exception to the rule rather than a general safety valve for anyone who claims financial difficulty.

Exemption from court fees versus litigation costs – an important distinction

To summarise this crucial difference: if your financial situation is genuinely difficult, you may apply for exemption from court fees – for example, from the PLN 600 divorce filing fee. The court will assess your circumstances and, if it finds them sufficiently serious, may exempt you from paying those fees.

But that exemption does not cover the costs incurred by the other party – their lawyer’s fees, for instance. Those costs can still be awarded against you, even if you have been exempted from paying court fees.

In our experience, this distinction consistently surprises people going through divorce proceedings – which is precisely why it is so important to plan your approach from the outset with a clear understanding of the potential financial exposure that comes with losing a contested case.

Practical guidance

If you are considering divorce proceedings or are already in the middle of them, several points are particularly important from a costs perspective.

The first is a conscious approach to the question of fault. Proceedings involving a fault determination are longer, more expensive, and carry greater financial risk. If you are found solely at fault, you may be ordered to reimburse the other side’s costs. It is worth assessing carefully whether seeking a fault finding genuinely serves your interests, or whether it will simply extend and increase the cost of proceedings.

The second is filing an application for exemption from court fees at the outset of proceedings if your financial situation is genuinely difficult. The application must be accompanied by a statement of your family situation, assets, income, and sources of support. The court assesses it individually.

The third is taking legal advice before making key procedural decisions. The costs of a case depend on many factors that an experienced lawyer can help you assess and, where possible, reduce.

FAQ

What is the court fee for a divorce petition in Poland? The filing fee for a divorce petition is PLN 600, fixed regardless of the value of the parties’ assets. If a party cannot afford to pay it, they may apply for exemption from court fees.

Can I apply for exemption from court fees in a divorce case? Yes. The application is submitted to the regional court (sąd okręgowy) where the case is or will be heard. It must be accompanied by a statement of the applicant’s assets, income, and sources of support. The court assesses the application individually.

If I am exempted from court fees, does that mean I will not have to reimburse the other side’s costs? No. Exemption from court fees (such as the filing fee) is an entirely separate matter from the obligation to reimburse the other party’s litigation costs. Even if you are exempted from paying court fees, you may still be ordered to pay the other side’s legal representation costs.

When can the court decide not to order me to pay costs even if I lose? Under Article 102 of the Code of Civil Procedure, the court may in particularly justified cases relieve the losing party of costs – in whole or in part. Financial hardship alone is not sufficient. The court considers the overall circumstances of the case.

How can I avoid high costs in a divorce case? The most effective approach is to reach agreement with the other party – on fault, children, and financial matters. A case concluded by settlement or without a fault determination is considerably less expensive and faster than fully contested proceedings. Family mediation can be very helpful in reaching that outcome.

I am a foreign national – do the same cost rules apply to me? Yes. The rules on litigation costs under the Code of Civil Procedure apply to all parties before Polish courts regardless of nationality. If your financial situation makes it difficult to meet court fees, you may apply for exemption on the same basis as Polish nationals. If a costs order is made against you and you are based abroad, questions of enforcement may arise – these depend on the specific circumstances and any applicable EU or bilateral rules on enforcement of judgments.

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

Have questions about the costs of divorce proceedings in Poland, or want to understand your financial exposure before proceedings begin? 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