The Council of Ministers has approved a draft bill amending the Family and Guardianship Code and several other statutes, introducing the possibility of dissolving a marriage outside the court system. The proposal, prepared by the Ministry of Justice, would allow couples to obtain a divorce based on mutual declarations made before the head of the civil registry office (USC).
The reform marks one of the most significant changes in Polish family law in decades, aiming to simplify procedures for marriages that have irreversibly broken down while reducing the burden on the courts.
A New Path to Divorce: From the Courtroom to the Civil Registry Office
Under current law, all divorces in Poland must be granted by a court, even in cases where both spouses agree and their union exists only formally. Couples experiencing a permanent and complete breakdown of marital life must file a court case, despite often having already settled personal matters and wishing to move on.
The proposed legislation seeks to respond to social expectations by creating a faster and more accessible way to end marriages that no longer function. According to the Ministry of Justice, the goal is to streamline uncontested divorces, strengthen the autonomy of spouses and promote out-of-court dispute resolution methods.
“We propose a solution that simplifies the divorce procedure when spouses are in full agreement and no legal obstacles exist, while still ensuring state oversight and safeguarding the principles of marital stability and the welfare of the child,” said Deputy Justice Minister Arkadiusz Myrcha.
Every year, Polish courts receive 50,000–60,000 divorce petitions, around 30–40% of which involve couples without minor children. “This is a significant change, not a symbolic one,” Myrcha emphasized.
Who Will Be Eligible?
The out-of-court divorce procedure will only be available to couples who meet all of the following requirements:
- A complete and permanent breakdown of marital cohabitation has occurred
- Both spouses mutually consent to the divorce and to conducting the procedure outside the court
- The couple has no minor children together
- The marriage has lasted at least one year
- No divorce, separation (with a divorce request), or annulment case is already pending
- Foreign spouses may also use the procedure, but only if they do not share the same citizenship and reside in Poland
Importantly, the traditional court process will remain available for anyone who prefers or requires it.
“We want the procedure to be simple, transparent and predictable. It will enable couples to end their marriage quickly and without conflict when they are fully aligned in their decision. At the same time, the right to choose a court process remains intact,” Myrcha said.
Two-Stage Procedure: Assurance and Declaration
The draft law introduces a two-step civil registry divorce process.
1. Stage One – Assurances
Both spouses must appear together at the civil registry office to submit written assurances that they meet all statutory conditions for divorce. The registry head will verify documents such as identity cards, the marriage certificate and entries in the PESEL register.
If the conditions are not met, the official must refuse and direct the spouses to the court.
Spouses will also receive information about the legal consequences of divorce and available forms of support in marital crisis.
Filing assurances does not dissolve the marriage. A mandatory one-month reflection period (tempus deliberandi) must pass before the next step is possible. Assurances remain valid for six months.
2. Stage Two – Divorce Declarations
No sooner than one month after filing assurances — and no later than six months — the spouses must again appear together at the registry office to submit mutual declarations dissolving the marriage.
Each spouse must additionally declare that:
- the breakdown of the marriage is complete and permanent
- no pending case exists between them concerning divorce, separation or annulment
- they hold Polish citizenship, or — for foreigners — that they do not share the same citizenship and reside in Poland
- they have no minor children together
All declarations (except confirming the marital breakdown) are made under penalty of criminal liability, and each spouse must separately confirm awareness of this responsibility.
If all requirements are met, the registry head records the divorce in the civil register. The marriage is dissolved at the moment of this entry.
The out-of-court divorce will be fully recognized across the European Union, on equal footing with court-issued divorces.
Legal Consequences
A civil-registry divorce carries the same legal effects as a court-ordered divorce, including:
- change of marital status
- dissolution of marital property regime
- the ability to divide marital assets
- termination of statutory inheritance rights
- potential claims for spousal support
- the right to revert to a pre-marriage surname
The project also introduces the possibility of annulling an out-of-court divorce in cases of defective declarations of will — such cases would be reviewed by a court.
Costs and Administrative Fees
The procedure will involve fees:
- 300 PLN for each of the two stages (assurances and declarations)
- 20 PLN stamp duty for issuing a certificate
Next Steps
The draft will now be submitted to parliament for legislative debate and approval. If enacted, the new regulations would take effect 12 months after publication in the Journal of Laws.
