Category: Divorce

Costs, as a rule, are divided 50/50 between the two parties to the dispute. However, if the participants have different interests in the outcome or their interests conflict, the court may allocate the costs relatively. It should be pointed out, however, that the court fee on the application for the division of joint property should..

The joint property of the spouses is created at the time of marriage by operation of law, unless there are statutory circumstances that preclude this (e.g., prior conclusion of a marital property contract, incapacitation of one of the persons about to marry or bankruptcy). The joint property of spouses is nothing more than property acquired..

Personal property is property to which only one spouse holds legal title. Personal property primarily includes property acquired before the formation of statutory community, that is, de facto, before the marriage. Any property that a spouse owned before the marriage does not come into the joint property. Personal property also includes assets acquired during the..

The family court, when declaring a divorce, may entrust the exercise of authority to one parent, limiting the parental authority of the other parent to certain duties and powers with respect to the child. In such a situation, the court in the divorce judgment will indicate to what rights and obligations it limits the parental..

Ruling on parental authority and contact with the child requires the court to comprehensively consider the facts of the case, concerning both the child(ren) and the parents. The interest (welfare) of the child and the interest of society should be taken into account first, not the parents (cf. Supreme Court judgment of 25.08.1981, III CRN..

As a general rule, the first person who is obliged to pay child support is the parent who does not care for the child – in Poland this is most often the father, but, of course, there are also women who pay child support for a child in the care of a partner. At the..

The extent of alimony payments depends on the legitimate needs of the entitled person and the earning and asset capacity of the obligor. In alimony cases, the court is required to accurately and thoroughly determine the justified needs of the alimony recipient and the ability of the obligors to meet them. The extent of the..

Parents are obliged to provide maintenance to a child who is not yet able to support himself. The regulations provide for situations after which we can bring about the cessation of alimony payments. However, it should be remembered that the abrogation of the alimony obligation can only be done through a court decision. It therefore..

In a judgment declaring divorce, the court shall decide on parental authority over the joint minor child of both spouses and the parents’ contact with the child, and shall decide how much each spouse is obliged to pay for the maintenance and upbringing of the child. The court shall take into account the written agreement..

The court usually begins questioning a party with general questions about the marriage. This part of the questions usually does not pose difficulties for the parties. Sample questions in this regard such as: When did you get married? Is this your first marriage? Have you entered into marital property contracts? Do you have children with..