Divorce

Share this post

A divorce is always a process of enormous contradictory emotions and many bureaucratic complications.
This episode aims to clarify the entire process.
Sua voz em Direito is a podcast made by lawyer Ernestyna Niemiec in partnership with Fundacja Portugalia that seeks to demystify Polish law.
A support never before given to the Portuguese community in Poland.

🎙️ Your Voice in Law: Divorce in Polish-Portuguese Marriages

In collaboration with Fundacja Portugalia

By: Ernestyna Niemiec – Polish lawyer

Introduction

Welcome to another episode of Your Voice in Law, a podcast created for the Portuguese community living in Poland, in collaboration with Fundacja Portugalia.

In this episode, we discuss divorce in Polish-Portuguese couples: which court handles the case, what law applies, and what the court decides during the process.

1. Which court has jurisdiction?

In cross-border marriages:

🔹 A Polish court will have jurisdiction if:

The couple’s last habitual residence was in Poland and one spouse still resides there.

🔹 The law applicable to the divorce is usually:

The law of the country where the couple last lived together, provided one still lives there.

2. What does the court decide in a divorce case?

The Polish court’s judgment will include:

Whether the divorce is with or without attribution of fault
Parental responsibility over a minor child
Visitation rights
The amount of child support (alimony)

📌 Each of these topics will be explored further in future episodes.

3. Grounds for marital breakdown

According to Polish law and judicial practice:

The court must investigate and clarify the reasons for the breakdown of the marriage.
The breakdown must be both total and permanent.

📍 A marriage is:

Totally broken, when emotional, physical, and financial ties are severed.
Permanently broken, if it’s clear the couple will not reconcile.

Even when both spouses agree not to assign blame, the court must assess the extent and permanence of the breakdown.

4. Costs of divorce proceedings

💰 Main costs:

Fixed court fee for divorce: 600 PLN
Request for temporary orders (e.g., child contact, if in the petition): free of charge
Separate petition on contact/changes: 100 PLN
Possible additional costs:
- Certified translations (all documents must be in Polish)
- Expert opinions (e.g. psychologist)
- Lawyer’s fee (if represented)

Conclusion

Divorce between a Portuguese and a Polish citizen can be handled in Poland, provided legal rules are followed. Preparation is key.

📧 For more information, write to: info@fportugal.com