The provisions of the Polish Code of Civil Procedure, in Articles 425–452, contain specific regulations for matrimonial cases. This means that in matters concerning annulment of marriage, determination of the existence or non-existence of a marriage, divorce, or separation at the request of one of the spouses, the court will conduct proceedings taking into account the procedural distinctions provided by the legislature for such cases. For example, it should be noted that in these types of proceedings:
- A ruling cannot be based solely on acknowledgment of the claim or admission of facts; in the case of a default judgment, evidentiary proceedings must still be conducted (Article 431),
- Minors under the age of thirteen, and the descendants of the parties who are under seventeen, cannot be heard as witnesses (Article 430),
- The court may order a social inquiry to be conducted by an appointed person to determine the living and upbringing conditions of the parties’ children (Article 434),
- Hearings are held behind closed doors unless both parties request a public hearing and the court determines that openness does not pose a threat to morality. A closed-door hearing does not preclude the taking of evidence remotely as part of an online hearing, provided that doing so significantly expedites the proceedings or reduces costs (Article 427).
Naturally, there are many more distinctions governing proceedings in matrimonial matters, which indicates that the support of a professional attorney in handling such cases is invaluable. We therefore encourage all those who are or will be involved in such proceedings to contact us—our law firm provides assistance in this area.