You have been living abroad but your spouse has filed for divorce in Poland.
We were approached by a client from one of the EU member states asking to represent her in a court proceeding held in Poland. Our client has receive a divorce summons delivered to her by the Polish court eventhough our client and her Polish husband have been living together in one of the EU members countries. The main concern of our client was to have the divorce procedure held before the her local court as in the meantime she has filed for divorce there. In addition, there was an alimony proceedings held at the local court. After having received all necessary information concerning the place of residence of both spouses (our client and her husband) we have immidiately taken legal action to stop the proceedings held at the Polish court.
In this case, we have challenged the competence of the Polish court due to the fact that the last place of common living of the spouses was out of Poland. The other party tried to refer to the requirement of having lived in the territory of Poland for at least 6 months before filing the divorce summons. The evidence gathered by our law firm has undeniably proved that the Polish spouse of our client has all the time lived abroad. He has got an employment agreement there and in addition, he has been running his own business activitiy over there. Therefore, we have applied to the Polish court to dismiss the divorce summons due to lack of the juristidction of the Polish court. In order to support legal solution adopted by our team, it was necessary to obtain sufficient evidence. Both courts of first and second resort have inclined with our argumentation.
The arguments of the other party have been effectively refuted. The judgement to dismiss the divorce proceedings issued by the Polish court is now final and valid.
Our clients, a married couple, oth EU citizens, signed a preliminary sale agreement for agricultural land in Poland. They agreed with the owner of the land to sign the final agreement in 2016. They agreed on this date as they belived that 12 years after accession of Poland to the EU they would not need to obtain permission from the appropriate authority.
Unfortunately, due to amendment of the regulations and as per Act on suspension of the sale of the Agricultural Property of the Treasury and the amendment of certain acts of April 14th 2016 ( Journal of Law of 2016, Poz 585) the legal situation has changed resulting in problems with implementation of the promissed agreement. Taking into account that in the time between entering into the preliminary agreement and the planned agreement transferring the ownership of the property, there have been also family – ralated changes, a problem concerning financial settlement between the spouses has arisen as a result of the inability to proces one’ claims based on the preliminary agreement.
Our law firm has represented the spouse being a non-resident of Poland. Our aim was to find a legal solution for the above mentioned regulation on real estate trading in Poland by non-residents of our country and taking into account our main aim of financial settlement and division of properties located in the juristiction of few EU member countries between spouses after divorce.