Divorce of Ukrainian citizens before a Polish court – is it possible?

For several years, there has been a regular influx of Ukrainian citizens who come to Poland in search of work or a better life. However, last year was a record year in this regard due to the fact of the ongoing war in Ukraine. Recently, our law firm has received a number of inquiries regarding what the situation is for Ukrainian citizens if they wish to obtain a divorce and whether it is possible to do so before a Polish court. Below we will try to explain in detail the nagging issue.

 

 

At the outset, it should be borne in mind that Poland and Ukraine are parties to the Agreement on Legal Assistance and Legal Relations in Civil and Criminal Matters drawn up in Kiev on May 24, 1993. According to Article 26 of the above-mentioned law, we can distinguish several situations on which the right of a Polish court to rule on a divorce case will depend. The authority in Ukraine will rule on a divorce in a situation in which the spouses, despite the fact that they live in Poland, are both citizens of Ukraine, or when one of the spouses is a Pole and the other is a Ukrainian and both are domiciled in Ukraine. After analyzing the regulations, one can come to the conclusion that the case will be able to be heard by an authority in both Ukraine and Poland in a situation where one of the spouses is a Pole and the other is a Ukrainian, and each of them lives in a different country.

Of course, divorce proceedings in cases conducted by a Polish court are different from those conducted by courts in Ukraine. First of all, before a Polish court, the spouses are required by the court to prove a permanent and complete breakdown of marital relations. Moreover, the court will not pronounce a dissolution of marriage if, as a result, the welfare of the couple’s common minor children would suffer, or if its pronouncement would be incompatible with the principles of social intercourse. 

To conclude and answer what is undoubtedly the most frequently asked question, it should be emphasized that a Polish court will not have jurisdiction to hear a divorce case between spouses, each of whom has Ukrainian citizenship even though they both reside on Polish territory. 

 

If you need help, you are cordially invited to contact attorney Catherine, who will answer any questions and assist you throughout the procedure:

☎️Phone: +48 502 775 164

📥Email: k.lewicka@lzw-law.com