Poland

Sources of Law

Since 1999 some personal and property rights have been established in order to protect persons who have cohabited for at least two years.

Community of Property does not apply to cohabitants. If cohabitation ceases during the life of the cohabitants, no rights are recognised; each party keeps his or her own assets.

Cohabitants can take advantage of the tax system established for married persons.

On the death of a cohabitant, the surviving cohabitant may enjoy some legal protection.

Jurisdiction

Brussels II applies.

Domicile and Habitual Residence

Conflict of Law/Applicable Law to be Applied

Common nationality

Common domicile

Lex fori

Pre-Nuptial Agreements

Valid in a prescribed form

Divorce

Complete and permanent breakdown of marriage.

Finances/Capital/Property

Community of property regime.

Inheritance is generally excluded.

Finances/Maintenance

The maintenance of spouses after divorce is regulated by Articles 60 and 61 of the Polish Family and Guardianship Code.

The obligation to pay maintenance varies depending on the decision establishing the guilt. The divorced spouse whose exclusive guilt has not been established and who suffers material deficiency may claim maintenance from the other spouse in the amount corresponding to his/her justified needs and income and property capabilities of the obliged party.

If the divorce involves a considerable deterioration of the material position of the spouse non-guilty of the breakdown of marriage, the spouse whose exclusive guilt has been established is obliged to provide means for the purpose of satisfying the eligible party’s needs, even if he/she does not suffer material deficiency.

The obligation to pay maintenance with respect to the divorced spouse ceases if the eligible party contracts a new marriage. If the spouse whose exclusive guilt of the breakdown of marriage has not been established is obliged to provide maintenance — this obligation also ceases after five years from the adjudication of divorce.

Child Maintenance

Cohabitants

Civil Partnership/Gay Marriage