Polish family law
Polish family law is one of the branches of civil law, which was regulated in the Act of 25 February 1964 “Family and Guardianship Code”. In addition to the aforementioned law, family law is reflected in the Constitution of the Republic of Poland, the Constitutional Treaty of the European Union (Chapter II), the Civil Code and numerous specific laws. Family law is a very specific branch of law that regulates property and non-property issues between relatives in this spouse, as well as issues related to custody and adoption.
Family law is important in social life, refers to the cultural and moral issue. The provisions of family and guardianship law indicate, among others the duty of maintaining marital fidelity, care for offspring or cooperation for the benefit of the family. This legal department also regulates property matters, determining what assets are included and which are not part of the property of the joint spouses.
Among the basic principles of family and guardianship law, we distinguish:
– the principle of good for the family and the child,
– the principle of equality between women and men,
– the principle of monogamy,
– the principle of durability of the marriage,
– the principle of family protection by the state.
Matters in the field of family and guardianship law are examined by common courts. The most common issues include the matter of establishing maintenance obligation or its expiration, the matter of raising or lowering child support, divorce cases (cessation of marriage), cases for separation or abolition, cases for annulment or establishing non-existence, adoption (adoption), paternity affairs or motherhood, a case for the establishment of a guardian for minors, a case for establishing matrimonial separateness. Some family law cases must take place in court in order to achieve the intended result without a dispute – this is the case for adoption and divorce proceedings with the parties’ agreement. Some of the cases are the result of a dispute between relatives – such matters include maintenance matters. When relatives reach an agreement on the payment of maintenance, there is no need to settle the case before the court. In many cases, however, this is a must.
The most common cases resolved by family courts are divorce and maintenance cases. Under Polish law, a divorce in Poland may take place with the consent of the parties (if the spouses agree that a permanent breakup of the marriage has occurred) or the guilt of one of the spouses (in the case of betrayal, violence). Very often, the consequence of divorce hearings are maintenance issues, the most common situation is the parents’ maintenance obligation towards children, according to the law in force in Poland, parents should pay for the child’s maintenance until he becomes independent. The important thing is that becoming independent of a child is not tantamount to obtaining adulthood. If the child is 18 years of age and does not take up paid work, but continues education, the maintenance obligation still exists. There are also situations when the maintenance obligation applies to children in relation to their parents or one of the former spouses in relation to the other.