RECOGNIZING A FOREIGN DIVORCE DECISION
In order to acquire a passport it is needed not only to register a foreign marriage certificate but also a divorce.
The divorce report must be included in the marriage certificate. In order to do so, it is necessary to translate a foreign decision and file an application at a registry office or via a consul (a copy of a legally binding court decision must be included).
This simplified procedure concerns:
- divorce decisions issued by courts of Member States since May 1st 2004,
- divorce decisions issued by courts of countries which are not Member States since July 1st 2009.
Other divorce decisions may be accepted in Poland only in the course of proceedings conducted at a regional court proper due to the current or previous place of residence (in case of no place of residence in Poland the proper court is the Regional Court in Warsaw).
In this case the court procedure is heavily simplified. If the case is indisputable, a hearing does not even take place. The application fee is at PLN 300. The application must include a copy of the decision and an ascertainment of validity. It is also necessary to include a Polish marriage certificate, if there is one. Both spouses participate in the case. Therefore, it is good for both to have representatives in Poland. In other cases it will be necessary to send documents abroad and translate all documents, which is going to take a lot of time. In case of no contact with the ex-spouse the court may appoint an administrator in order to be able and carry out the case without the person's presence. After the case is closed it is possible to include a record concerning the divorce into the marriage certificate.