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Each year globalization is more noticeable and develops rapidly. The melting pot effect results in the formation of the global society. People travel eagerly and often all over the world, study abroad, as well as emigrate in order to find a better living place. Commonly they decide to stay in the new country and continue living there. The increase in the number of mixed marriages has been noticed in Poland as well. Unfortunately, lots of them result in a marriage breakdown. It is worth considering if a divorce with a Polish husband/wife is possible according to the Polish law and the justice system.
A divorce with a citizen of Poland is possible and fully legal under the law of the Council Regulation (EC) No. 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, and repealing Regulation (EC) No. 1347/2000. Article 3 of the regulation ensures that in matters relating to decisions relating to divorce, legal separation, or marriage annulment, jurisdiction (to do the matter) lies with the courts of a Member State:
1) In country:
- both parties to the marriage are habitually resident, or both parties were most recently habitually resident, provided that one of them is still habitually resident there,
- the other party is habitually resident or, in the event of joint action or application, one of the parties is habitually resident, or the plaintiff or applicant is habitually resident there for at least one year immediately prior to the lodging of the claim or application, or if the plaintiff or applicant is habitually resident there for at least six months immediately before the lodging of the claim or application and is a national of that Member State.
1) Both parties of the marriage have the citizenship
2) Legal proceedings of the divorce cases are run in the same way for both Polish citizens and foreigners.
A marriage annulment between a foreigner and a citizen of Poland – is it possible?
All proceedings in the legal cases of the divorces between a foreigner and a citizen of Poland are regulated by the laws provided by the legalization of the stay of foreigners on the territory of the Republic of Poland. Some of the privileges are noted for foreigners – spouses of Polish citizens, including the right to permanent residence. The condition in order to gain the right to permanent residence is lawful marriage with a citizen of Poland, lasting at least 3 years before the date of the application for a permanent residence permit was submitted. Additionally, after the application was submitted, a foreigner is obliged to stay within Polish borders for at least 2 years, under the law of the temporary residence permit (granted on the basis of being married to a Polish citizen or on the basis of obtaining refugee status, subsidiary protection or a residence permit for humanitarian reasons).
What are the common reasons for a marriage breakdown with a Polish citizen?
A marriage breakdown before the obligatory 3 years period results in the loss of the right to apply for a permanent residence permit. Additionally, the permit may be revoked, if a foreigner divorced a Polish citizen within the period of 2 years after the permit was applied. These conditions often delay the decision of a divorce.
Are you planning a divorce with a Polish citizen? Are you looking for an experienced lawyer experienced in similar cases? Contact us!