Can a pregnat woman get divorced in Poland?

Can a pregant woman get divorced in Poland? We have been asked this question on a frequently basis. Here we can have two options. The first option is that the father of the unborn child is the husband of the woman and the other option is that it is her new partner.

It happens that the spouses have not lived together for a long period, some times for a few years but for various reasons they have been postponing their decision to legally get divorced. Some times, the pregnancy is the moment when they decide to end their marriage which exists on paper only.

Read more

Foreigners getting divorced in Poland

Foreigners getting divorced in Poland are no more an extraordinary situation. Amount of foreigners getting divorced in Poland with Polish partners keeps growing.

Foreigners getting divorced in Poland are not just a question of language barrier. The most important question is to choose the right court and applicale law in order to disolve the marriage.

Read more

Enforceability of judgement issued in other EU countries

Enforceability of judgement issued in other EU countries and the changes to the rules governing the enforceability of judgement issued in other EU countries.
One of the primary reasons of the adoption of UE Regulation 1215/2012, called Brussels I “bis”, was to simplify and expedite the enforcement of judgments issued within the European Union. Read more

Alternatig custody in Poland. Is it worth to go for it?

Alternatig custody in Poland. It is not easy to have alternating custody approved by Polish courts.  When parents cannot come into an  agreement on custody issue, and this mostly the case, the court will issue its decision.  Knowing the realities of the Polish justice,  the upbringing of the child will be entrusted to one of the parents while the other one will indirectly be isolated.

Read more

Jurisdiction and applicable law in disputes within the EU

Jurisdiction and applicable law in disputes within the EU. The establishment of trade cooperation within the EU has caused not only new business opportunities but also forced usage of new law – the community law.

Read more

Road Traffic regulation in Poland

Road Traffic regulation in Poland. Recently,  driving a car without valid driving license was  an offense punishable only with  a fine. Starting from  18th  May 2015, a persons driving a vehicle after the withdrawal of driving license commit  a criminal offense punishable with a fine, restriction of liberty or imprisonment up to 2 years. Despite the above mentioned punishment, the court can also rule penal measure in the form of a driving ban.

Read more

Purchase of property by foreigners

Purchase of property by foreigners. Is it possible for  a foreigner  not being a citizen of one of the EU member countries to  purchase a real estate in Poland? Does the acquisition of real estate through inheritance raise any legal responsibilities for a foreigner?
Read more

Legalization of stay in Poland

Legalization of stay in Poland. Legalization of employment in Poland. May 1st,  2014 new immigration rules (Aliens Act) relating to the entry and stay of foreigners in Poland entered into force, replacing the previously applicable Act of 13th  June 2003.

The significant changes introduced by the new Act provide the possibility of obtaining both work and residence permit by a foreigner  in a single legalization procedure. Previous regulation reguired from foreigner  to take part in a two-step procedure.

Read more

Settlement of assets arisen in cohabiting relationship?

Settlement of assets arisen in cohabiting relationship. How to settle the assets arisen in cohabiting relationship (common-law-marriage)? Is there a way to protect yourself legally while being in such relationship?

Read more

Custody of a child in Poland when parent is a foreigner

Custody of a child in Poland when parent is a foreigner. In Poland, both mother and father of a child have parental responsibility for their childeven if they are not married and/or they do not live together.

An unmarried father needs to officially recognize his child. There are two ways to do it: at the Court Registry (Urząd Stanu Cywilnego) or by family court.

In case paternity has been established by a court, a father shall be eligible for exercising parental authority only if a court grants it to him by a decision establishing paternity.

Single custody vs. joint custody

Joint custody of a child may only have parents who live together.

If parents of a child do not live together, only one of them will be granted custody of a child. The other parent will still preserve his/her right to contact the child.

Parents usually provide together for their child. If one of them refuses to pay maintenance, the other one has the right to file a lawsuit against this parent. The amount one should pay as maintenance depends on many factors such as income, current financial situation of the parent who should pay maintenance, justified needs of the child.

If one of the parents exercise single custody, does not automatically mean that the other one is deprived of his/her right to co-decide about vital issues concerning the child.

Vital issues are considered to be following: child’ domicile (permanent residential address), choice of school and training, choice of medical and psychological treatment, travelling (especially abroad).