In cases which are decided in contentious proceedings, Polish courts have jurisdiction for matrimonial matters and matters concerning the spouses’ property relations if the defendant has his/her domicile or residence in Poland or, if this is not the case, if:

1. 1) the last common domicile or the last common residence of both spouses was in Poland and one spouse still has his/her domicile or residence in Poland; or
2. 2) the spouse who is the claimant has had his/her domicile or residence in Poland for at least one year immediately before the proceedings start; or
3. 3) the spouse who is the claimant is a Polish citizen and has had his/her domicile or residence in Poland for at least six months immediately before the proceedings start; or
4. 4) both spouses are Polish citizens.

Polish courts have exclusive jurisdiction if both spouses are Polish citizens and are both domiciled and resident in Poland (Art. 1103¹ of the Code of Civil Procedure). In cases which are decided in non-contentious proceedings, Polish courts have jurisdiction for matrimonial matters if one of the spouses or one of the persons intending to marry is a Polish citizen or is a foreigner who has his/her domicile or residence in Poland or intends to marry in Poland. Cases relating to the division of the community property upon the termination of the community of property regime also fall under Polish jurisdiction when the community property or a significant part thereof is located in Poland (Art. 1106¹ of the Code of Civil Procedure).

Print this topic

back to top