Recognition of a divorce judgment issued by a foreign court

Remember! The consul does not mediate in the registration of the divorce judgment – except for:

• submitting an application for a marriage certificate transcription when the marriage has already been dissolved by divorce,
• when submitting a declaration to the consul to return to the surname before marriage.

The procedure for recognizing a divorce judgment issued by a foreign court depends on the date of its issuance and whether it was issued by a court of a Member State of the European Union or by a court of a non-EU country:

1. Divorce judgments issued by the courts of the EU Member States since May 1, 2004 are directly recognized by the Polish authorities and are only subject to the registration procedure – which can be carried out in Poland at the registry office.
2. Divorce judgments issued by courts of non-EU countries since 1 July 2009 are also directly recognized by Polish authorities and are only subject to the registration procedure – which can be carried out in Poland at the registry office.
3. Divorce judgments issued by the courts of the EU Member States before May 1, 2004 or by the courts of other states before July 1, 2009 may be recognized in the territory of the Republic of Poland only as a result of proceedings in the district court having jurisdiction over the current or last place of residence.

Recognition of a divorce judgment in a regional court 

Recognition of a foreign court judgment issued before May 1, 2004 (in the case of judgments of courts of EU Member States) or before July 1, 2009 (in the case of judgments of courts of non-EU countries) concerning a Polish citizen, when one of the parties resides in Poland, falls under the competence of the district court appropriate for her place of residence in Poland. Recognition of a foreign court judgment concerning a Polish citizen in the event that both parties live abroad is subject to the competence of the District Court in Warsaw, VI Family Appeal Division, Aleja Solidarności 127, 00-951 Warsaw.

An application for recognition of a foreign court judgment (in 4 copies) should contain:

1. name, surname and address of the applicant,
2. name, surname and address of the representative for service in Poland (if appointed),
3. name, surname and address of the participant in the proceedings (ex-wife, ex-husband),
4. the date and place of the marriage (if the marriage was concluded abroad, a transcription of the marriage certificate may be required),
5. the nationality that the spouses had on the date of filing the petition for divorce and that they currently hold,
6. justification of the legal interest in requesting recognition of the judgment (for which the applicant needs recognition of the judgment).
7. 7. an explanation as to whether a divorce case was pending in Poland.

The application must be accompanied by:

1. original divorce judgment with a certificate of the competent court that the judgment is final, and when the judgment is in default – a certificate that the summons has been served on the absent party – and three photocopies of this judgment along with its legalization (more:  Legalization of an official document ),
2. translation of the divorce decree into Polish, made by a sworn translator registered on the list of sworn translators in Poland and three photocopies of this translation,
3. a copy of the marriage certificate from the civil registry office in Poland – when the marriage was contracted in Poland or registered in Polish registers of marital status.

All documents must be submitted in person or by an attorney at the registration office of the territorially competent district court in Poland or, after consultation with the court, send by registered mail to its address.

When submitting an application for recognition of a foreign court judgment, you must pay a court fee for accepting the application for consideration. If the place of residence of the former spouse is unknown or he does not speak Polish (and he has not appointed a representative for service in Poland), the costs may increase due to the need to appoint a guardian for the participant in the proceedings unknown from the place of residence or due to the need to translate court documents . Decisions on the date of the court session, the amount of court fees, the submission of any additional documents or explanations are within the competence of the territorially competent district court in Poland.

Frequently Asked Questions

In the event of a divorce judgment issued by the courts of an EU Member State, may the head of the civil registry office refuse to enter an additional mention of the divorce in the Polish marriage certificate?

Yes, such situations are regulated by Art. 22 of Council Regulation (EC) No 2201/2003. It allows the refusal of recognition of a decision relating to divorce, legal separation or marriage annulment in four situations:

• if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought,
• if it was delivered in absentia and the opposing party was not served with the document instituting the proceedings or an equivalent document, in time and in such a way as to enable it to arrange its defense, unless it is established that the opposing party expressly agrees with the decision;
• if the judgment is irreconcilable with a judgment given in proceedings between the same parties in the Member State in which recognition is sought,
• if the judgment is irreconcilable with an earlier judgment given in another Member State or in a third State and between the same parties, provided that the earlier judgment fulfills the conditions necessary for its recognition in the Member State in which recognition is sought.

Similar regulations are contained in the Polish Code of Civil Procedure in the case of judgments subject to recognition before a regional court.

I got divorced and remarried in Senegalese territory. Can I apply for my divorce registration and a transcript of my second marriage certificate at the same time?

No, in this case, you must first obtain a positive decision from the head of the registry office regarding the entry of the divorce decree. In some cases, e.g. regarding default judgments, when the defendant did not know about the pending proceedings, the head of the registry office may refuse to make an additional note on the dissolution of the marriage.

A few years ago we were getting married in one of the Polish consular offices, does this mean that now we can get a divorce in a consular office?

No. A marriage may only be dissolved by a court decision. As a rule, the court of the spouses’ last joint residence will have local jurisdiction. If the divorce is adjudicated by a court in Senegal, it should then be registered in the Polish registry office.