Divorce - Assignment of blame

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Divorce is always a process of enormous contradictory emotions and many bureaucratic complications.
This episode aims to clarify the entire process.
Your Voice in Law is a podcast made by lawyer Ernestyna Niemiec in partnership with Fundacja Portugalia that seeks to demystify Polish law.
Never before has this support been given to the Portuguese community in Poland

🎙️ Your Voice in Law: Fault-Based Divorce – Who’s to Blame?

In collaboration with Fundacja Portugalia

By: Ernestyna Niemiec – Polish lawyer

Introduction

Welcome back to Your Voice in Law, the podcast for Portuguese speakers living in Poland. Today, we continue our conversation about divorce, this time focusing on the concept of “fault” in marriage breakdown.

Let’s break down what the law says, how courts assess fault, and what the consequences are.

1. What does “fault” mean in a divorce?

A spouse is at fault if they intentionally or unintentionally violated marital duties in a way that caused or worsened the breakdown of the marriage.

❗ Not every violation counts.

Only those acts that directly contributed to the marital breakdown are considered.

2. What does recent case law say?

According to Polish court rulings:

Only behavior that occurred before the marriage broke down can be considered fault.
Actions after the complete and permanent breakdown (e.g., new relationship) do not constitute fault.
The court must evaluate based on social norms and moral standards.

💡 Example: A relationship after separation does not make one responsible for the breakup.

3. Is there such thing as “more” or “less” fault?

📌 No – the law does not distinguish between degrees of fault.

If both spouses contributed, they are both considered at fault, regardless of who did “more”.

4. When does the court skip assigning fault?

If both parties agree not to assign fault, the court must respect their request, and the divorce will be granted without a fault ruling.

5. Why does fault matter?

Fault can impact post-divorce arrangements:

✅ The innocent spouse can request alimony from the guilty party

✅ It may influence unequal division of marital property, though not automatically

📍 Infidelity is not always a valid reason for unequal asset division.

Stronger arguments include:

Wasting family assets
Avoiding professional work

Conclusion

Understanding how fault works in Polish divorce law is essential if you’re navigating a cross-border separation. It can influence financial outcomes and post-divorce obligations.

📧 Need help? Contact us at info@pg.com