When ruling on a divorce, the court also decides whether and which of the spouses bears fault for the breakdown of marital life. It may find one spouse solely at fault, or both parties may be held responsible. However, upon the joint request of the spouses, the court will refrain from ruling on fault, which often proves to be a simpler and faster solution.

A fault-based divorce decree may be issued when a spouse has engaged in conduct contrary to generally accepted moral standards and failed to fulfill duties arising from the marriage (e.g., domestic violence, neglect of the family). If a divorce decree is granted based on the sole fault of one spouse, the innocent spouse who is in a state of financial hardship may apply to the former spouse for spousal support (alimony).

A spousal support claim can also be brought against a former spouse who was found guilty of the breakdown of marital life if the innocent spouse’s financial situation has significantly deteriorated following the divorce decree.

The division of the spouses’ joint property can be carried out by agreement in the form of a notarial deed or through court proceedings, including during the divorce case, provided that doing so will not prolong the proceedings.

Awarding sole ownership of a property to one spouse does not affect the mortgage loan agreement. Both former spouses remain co-borrowers and are jointly and severally liable to the bank for their obligation.

However, it is possible for one spouse to assume full repayment of the debt, provided the bank gives its consent. An alternative solution is a joint sale of the property and paying off the debt with the proceeds from the sale.

Court proceedings can take anywhere from several months to even a few years. To protect one’s interests, it is possible to file a motion for interim relief (securing claims) with the competent court for the duration of the divorce proceedings. The court may grant the motion and issue an interim order that temporarily regulates the family’s situation (e.g., ordering the payment of child support, determining the child’s primary residence, or establishing a schedule and manner of contact/visitation with the child).

The amount of child support depends on the justified needs of the beneficiary (the child) and the earning capacity of the obligor (the parent). Justified needs include, in particular, costs related to food, medical care, and education. On the other hand, the assessment of earning capacity is influenced by factors such as the age and education of the obligor.

Therefore, the amount of child support depends on the facts of each specific case. In the Polish legal system, there are no fixed rate schedules, tariffs, or formulas determining the amount of support awarded.

Both stocks and equity shares acquired by one of the spouses during the statutory marital property regime using joint funds form part of that joint property. The same applies to a business established during the community property regime. Importantly, income generated by the business activity is also included in the joint property.

During the division of property, the first step is to determine the date the business was established, its legal form, and whether it forms part of the joint property. Only after obtaining this information can appropriate actions be tailored. Keep in mind that dividing a business should be done in a way that preserves its integrity and does not hinder its continued operation.

Most often, the business or shares are awarded to the spouse who actively manages the company, subject to an obligation to make a financial payout (equalization payment) to the other spouse following a professional valuation of the company’s assets. Another possible solution is selling the enterprise and dividing the proceeds.

The duration of a divorce case depends on many factors, and it is impossible to predict in advance how long a given proceeding will take. On the one hand, the timeline can be affected by the court’s caseload, and on the other, by whether the parties are willing to cooperate during the proceedings.

With the assistance of legal counsel, parties can work through issues to help shorten the proceedings. This includes, for example, agreeing on the terms of a parenting plan or negotiating an agreement on the division of joint property.