Polish parliament approves easier out-of-court divorces for couples without minor children

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The government’s majority in parliament has approved a bill that would allow married couples who do not have minor children together to obtain a divorce more quickly and easily through a civil registry office rather than having to go to court.

The justice ministry says it will ease the burden on courts. However, the conservative opposition, which voted against the bill, warns that it will damage the institution of marriage. It remains possible that opposition-aligned President Karol Nawrocki will veto the law.

The legislation would introduce a new type of so-called “out-of-court divorce”. Instead of going through a court, which can take months or even years and involves paying lawyers’ fees, couples wishing to divorce could apply to the head of a civil registry office.

That official would verify whether they meet all statutory requirements for a divorce and, if so, enter the decision into the civil registry directly, reports legal news service Infor.

Couples would only be able to take that route if they do not have minor children together, have been married for longer than a year, if the wife is not pregnant, and if both parties agree to dissolve the marriage.

Given that, out of 57,000 divorces granted in 2024, 57% involved couples with minor children, over 20,000 couples a year could potentially benefit from the new system, notes Infor.

In a vote in the Sejm, the more powerful lower house of parliament, on Friday, a majority of 242 MPs were in favour of the proposed law, nearly all of them from the ruling coalition, which ranges from left to centre-right and is dominated by Prime Minister Donald Tusk’s centrist Civic Coalition (KO).

Meanwhile, there were 187 votes against the bill from the opposition, which is made up mainly of the national-conservative Law and Justice (PiS) and far-right Confederation (Konfederacja).

The bill now passes to the upper-house Senate, which can delay it and suggest amendments but not block its passage. Once approved by parliament, President Karol Nawrocki can decide whether to sign it, veto it, or send it to the constitutional court for assessment.

Deputy justice minister Arkadiusz Myrcha welcomed Friday’s vote, saying that the proposed measures would “represent real relief for courts while maintaining the legal requirements for divorce”.

However, opposition figures suggested that the measures could undermine the institution of marriage and also violate the constitution, which specifies that marriage is “under the protection and care of the Republic of Poland”.

“The institution of marriage is protected by the constitution, so if those in power want to violate the institution of marriage in the way they propose, they should change the constitution first,” Michał Woś, a PiS MP and former government minister, told broadcaster Radio Maryja.

Mariusz Błaszczak, the head of PiS’s parliamentary caucus, warned that marriage should not be treated like “an ordinary contract” for buying a house or car. Marriage “is a spiritual, emotional bond of love”, and should have a special place in law.

Błaszczak also suggested that the government’s effort to introduce out-of-court divorces was also linked to its attempt to introduce recognition of same-sex relationships into Polish law, though he did not explain how they are connected.

Notes from Poland is run by a small editorial team and published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

Main image credit: engin akyurt/Unsplash

Olivier Sorgho

Olivier Sorgho is senior editor at Notes from Poland, covering politics, business and society. He previously worked for Reuters.