Forgiveness in Divorce Proceedings

Undoubtedly, the divorce process is an exceptionally challenging time for spouses, filled with numerous experiences and negative emotions. From experience, we know that the decision to divorce is rarely made immediately. Before it happens, spouses often try to continue their relationship and rebuild their connection. Unfortunately, despite their efforts, this is not always possible. And what about forgiveness in divorce?

Our clients frequently ask whether forgiving a particular act, such as a spouse’s infidelity during the marriage, can affect the court’s later ruling regarding fault in the breakdown of the marriage. In today’s article, we will present the main issues related to the institution of forgiveness and its potential impact on a divorce ruling.

What Do We Mean by Forgiveness in Divorce?

It is worth noting that in the Polish legal system, there is no formal definition of forgiveness. Forgiveness is the conscious and voluntary relinquishment of resentment, hurt, or desire for revenge towards the person who wronged us. In a legal context, the institution of forgiveness is understood as “forgetting” the behavior or act committed by the spouse.

Forgiveness in Divorce and the Spouse’s Subsequent Behavior

According to established doctrine: “Both explicit and implied forgiveness of a wrong committed by one spouse against the other should be considered conditional on the appropriate future behavior of the forgiven spouse. In the case of a repeated offense, of the same or different nature, the spouse seeking a divorce may also refer to previously forgiven wrongs; it will be up to the court to assess whether the renewed sense of the old wrong caused by a new offense is strong enough for the old wrong to contribute to the divorce”. (Supreme Court ruling of December 19, 1950, C 347/50, OSN 1951, No. 55; PiP 1951, No. 4, p. 741).

Does Forgiveness Exclude the Possibility of Citing the Behavior as a Reason for the Breakdown of the Marriage?

It should be emphasized that, according to doctrine, forgiveness does not preclude the possibility of later citing the forgiven act in a divorce proceeding. It does not prevent it from being grounds for the divorce ruling. The entire behavior of the spouse, including post-forgiveness behavior, should be taken into account. As the Supreme Court stated in its ruling of March 23, 1956, III CR 347/55, “From the mere fact of forgiveness, it does not necessarily follow that forgiven offenses can never contribute to the later breakdown of the marriage within the meaning of Article 29 § 1 of the Family and Guardianship Code.”

In summary, the institution of forgiveness in divorce cases is multifaceted and can influence the course of the divorce proceedings. It is important to note that forgiveness alone does not exclude the possibility of obtaining a divorce due to the fault of one spouse. The court’s task will be to evaluate each case individually.

For questions or to establish cooperation, please contact our lawyer Katarzyna. She will be happy to answer your questions and assist you throughout the procedure.

📲Phone: +48 502 775 164

📧Email: k.lewicka@lzw-law.com