The changes proposed by the government in the Family and Guardianship Code provide for the introduction of the possibilities of non -court divorce, i.e. a solution to marriage before the head of the registry office. The condition for using this procedure is, among others, the lack of minor offspring.
As reported in the assumptions for the draft amendment to the Act – Family and Guardianship Code and some other acts – published on Wednesday in the list of government's program work – the proposed solution aims to introduce to Polish law the possibility of out -of -court marriage solution (non -court divorce).
The regulation assumes that the activities leading to the solution to the marriage will be carried out before the head of the Registry Office. In the case of Polish citizens staying abroad, appropriate activities may also be taken before the Polish consul.
Non -court divorce
The out -of -court divorce procedure is to be based on the consistent will of the spouses. It will end with joining the marriage certificate by the head of the registry office of additional mention of the dissolution of the marriage. An analogous solution regarding entry in the registry of marital status is known in Polish law and concerns, for example, marriage before the clergy.
According to the designed changes, the spouses will be able to choose the head of the Registry Office in Poland.
The necessary premise will be the complete and permanent breakdown of the marriage, which the spouses will confirm by submitting the relevant statements.
Couples with common minor children will not be able to use out -of -court divorce.
Annulment of non -court divorce
“Even if the possibility of terminating marriage in an out -of -court way is not in doubt, spouses aimed at ending a relationship always keep the possibility of using the traditional path of the trial” – we read in the bill.
The designed changes assume that in exceptional cases it will be possible to annul the out -of -court divorce as a result of a court decision.
These circumstances included specific defects in the declarations of will of the spouses of the spouses appearing before the head of the Registry Office prefers a solution to marriage, as well as the disclosure that at the time of expressing the will of the will, the spouses had joint minor children.
Name change
The list of legislative works of the government also has a project regarding the extension from a three -month deadline to the year to submit a divorced declaration of returning to the surname that he had before marriage, calculated from the divorce decision becoming final.
The need to introduce such a solution results from the fact that final divorce judgments are not always available within 3 months of their valid, they are served to the Registry Office, so those interested must use the more demanding, longer and more expensive administrative mode of the name change.
The planned date of adopting both amendment projects by the Council of Ministers is the second quarter of this year.
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