Polish law provides several ways for a court to grant a divorce—either with a finding of fault of one spouse or both spouses. An alternative is a no-fault divorce (by mutual consent), intended to save time and money, because a fault-based divorce is typically lengthy and more expensive. A no-fault divorce requires the consent of both spouses, which in practice means that the parties must agree on the key elements of the separation.
Statistically, no-fault divorce is the most common type of divorce in Poland, which indicates that the parties see a possibility of settling their relationship amicably, including parental arrangements.
An uncontested divorce helps avoid excessive length of proceedings—this is the so-called “quick divorce.” This concerns not only consent not to assign fault, but also arrangements regarding the exercise of parental authority over the parties’ minor children, contact with the children, the child’s place of residence, and financial matters.
As a rule, either spouse may request that the court dissolve the marriage by divorce. In such proceedings, the court focuses primarily on establishing a permanent and complete breakdown of the marital relationship, but there is no need to determine fault or prove it in court. It is sufficient to show that the positive grounds for divorce are met (Article 56(1) of the Family and Guardianship Code) and that there are no negative grounds preventing divorce (Article 56(2) and (3) of the Family and Guardianship Code).
The process begins with filing a divorce petition with the competent court.
The competent court is the court in whose district the spouses last lived together, provided that at least one of them still resides or habitually stays in that district. If that basis does not apply, the competent court is the court of the defendant’s place of residence (the other spouse), and if that basis also does not apply—the court of the claimant’s place of residence (the spouse filing the petition).
The petition should present the case to the court. The statement of reasons should include the grounds for seeking divorce as well as information regarding the date and place of the marriage. If the spouses have joint children, the petition should also indicate the requested amount of child support and the proposed arrangements regarding childcare.
Although a no-fault divorce does not require extensive evidentiary proceedings, the court must still have grounds to conclude that the breakdown of marital life is permanent and complete. Therefore, the following should be attached to the petition:
- a certified copy of the marriage certificate;
- certified copies of the children’s birth certificates (if applicable);
- evidence showing that the parties no longer run a joint household;
- a joint statement confirming consent to a no-fault divorce;
- in child support matters—documentation of income and expenses.
It should also be noted that if the defendant admits the claim and the spouses do not have joint minor children, the court may limit the evidentiary proceedings to hearing the parties. In such circumstances, hearing the parties may be sufficient to establish that the breakdown is complete and permanent. If the court has any doubts, it should take additional evidence rather than relying solely on the spouses’ statements.
Unlike the assessment of the best interests of children—which can never be resolved solely on the basis of the spouses’ testimony—when assessing the degree of marital breakdown, the court may sometimes rely on their statements alone, but only if the presented facts raise no doubts as to their truthfulness or their effect of causing a complete and permanent breakdown.
A no-fault divorce usually proceeds much faster than a fault-based divorce. In practice, a divorce may be granted even at a single hearing due to the lower complexity of the case. However, each case must be assessed individually, so the overall duration depends on the specifics of the matter and the workload of the particular court—hearing dates in smaller towns are typically scheduled sooner than in large cities.
In a no-fault divorce, the court returns ex officio one half of the paid court fee once the divorce judgment becomes final. Attorneys’ fees are generally borne by each party, meaning neither party reimburses the other for litigation costs. Each party covers the costs they incurred due to their participation in the case.
Attending the hearing allows the court to clarify any doubts and enables the parties to provide additional explanations. Even in a no-fault divorce, the presence of at least one party is required, because the court must confirm that the marital relationship has broken down completely and permanently. Since the court considers the positions of both parties, attending the hearing can also affect the court’s final decisions regarding the divorce.
A no-fault divorce offers many benefits. First, it eliminates the risk of being ordered to pay lifelong maintenance to the other spouse.
Second, it saves time and money. The costs of proceedings are lower than in fault-based divorces, and it is often possible to obtain the divorce at a single hearing due to the lower complexity of the case.
Importantly, these proceedings are usually less conflictual—this solution helps avoid unnecessary negative emotions, which has a positive impact on the mental well-being of both the children and the parties.
The key drawback is that it limits the possibility of claiming spousal maintenance—a spouse who is not found at fault does not pay maintenance. An exception applies if the divorce causes the other spouse to fall into need; in that case, the maintenance obligation expires after 5 years or upon the entitled spouse entering into a new marriage.
Additionally, for some people, establishing fault is important emotionally, because it formally confirms one party’s responsibility for the breakdown of the marriage. A no-fault divorce may leave a sense of injustice—for example in cases of infidelity or violence—especially if one party feels wronged.
As part of ongoing deregulation efforts, the Ministry of Justice presented in late April 2025 a draft of amendments to the Family and Guardianship Code and certain other acts. The aim of the proposed changes is to introduce the possibility of dissolving a marriage outside of court—i.e., an “out-of-court divorce.”
Under the draft, a marriage could be dissolved through actions taken before the head of the civil registry office, who would verify whether the statutory conditions for granting a divorce in this procedure are met and then make appropriate entries in the civil status register. The new model is intended to be an exception to the general rule that divorce is granted by a court.
To use an out-of-court divorce, spouses would have to meet the following conditions:
- they must not have joint minor children,
- the marriage must have lasted at least one year,
- there must be a complete and permanent breakdown of marital life, confirmed by the spouses’ statements.
This procedure would be available only to couples who:
- are Polish citizens, or
- do not share the same citizenship but both reside in Poland.
The Ministry emphasises that a key feature of an out-of-court divorce is the need for full agreement between the spouses—both as to the existence of the grounds for divorce and as to their will to dissolve the marriage in an administrative procedure.
These consequences are common to all types of divorce proceedings:
- Termination of the marriage—once the divorce judgment becomes final, the parties may enter into a new marriage; however, affinity (in-laws relationship) continues to exist;
- Termination of the statutory marital property community;
- The possibility to return to a previous surname within a non-extendable period of three months from the date the divorce judgment becomes final;
- No statutory inheritance rights after a former spouse.
