Family law, which regulates all family matters (property and non-property), is part of civil law. The main source of family law in Polish legislation is the Family and Guardianship Code, which supplements the applicable provisions of the Civil Code. Read what are the most common cases in the field of family law, what is the difference between divorce and separation, how to get a divorce, when you have to pay maintenance and how joint property is divided after the dissolution of the marriage, and what happens after the annulment of the marriage.
What is family law?
Family law is a branch of law that deals with the legal regulation of family matters. Both personal and property matters related to its establishment and termination are subject to legal regulation.
Family and guardianship law as well as family matters concern issues such as:
- getting married;
- dissolution of marriage by divorce ;
- marriage annulment;
- declaration of non-existence of marriage;
- the origin of the child (maternity and paternity);
- maintenance obligation ;
- parental authority ;
- contact with the child ;
- child's place of residence .
The main principle of family law is the principle of the welfare of a minor child , but the principle of the welfare of the child has not been explicitly regulated in the law.
The concept of the best interests of the child has no legal definition. In the jurisprudence of the courts, the welfare of the child is commonly recognized as a set of spiritual and material values necessary for proper physical and spiritual development, both in the intellectual and moral aspects, as well as proper preparation to work for the good of society.
Below we publish all the most important matters related to family law.
How much are they and when do you have to pay child support?
In Polish law, alimony, i.e. the maintenance obligation has been widely regulated. Alimony belongs to:
- descendants (children, grandchildren, etc.);
- ascendants (parents, grandparents, etc.);
- spouse (also ex-spouse).
Of course, child support cases are the most common. Their aim is to provide the child with funds to cover the maintenance (food, purchase of cosmetics, medicines, etc.) and upbringing (education, education, etc.).
To obtain alimony, you must file a child support claim with the court . One should not forget about the existence of the maintenance obligation also during a divorce: meeting the needs of the family and after the divorce: alimony for the former spouse who is in need or his standard of living has been significantly reduced.
The case for the division of property - how long does it take and what does it look like?
Family law also deals with property relations between spouses. By law, there is usually a statutory matrimonial property regime between spouses, unless the spouses agree otherwise.
Joint property is generally all assets acquired by one or both spouses during the marriage. In order to exclude it, a marriage contract must be concluded before a notary public (the so-called prenuptial agreement). This can be done before or during the marriage. Many times during the marriage, the spouses can change the regime.
Joint property may be divided:
- during the marriage (when the spouses entered into a marriage contract);
- after its dissolution by divorce or separation (division of property after divorce and division of property after separation).
A final judgment dissolving a marriage by divorce (divorce judgment) and a final judgment adjudicating separation (separation judgment) between the spouses is tantamount to termination of the statutory matrimonial property regime. Then you should consider dividing your assets.
Is it possible to divorce and divide property at the same time? During the divorce case and in the divorce decree, joint property can be divided (division of matrimonial property). It is the fastest and cheapest solution.
If the divorce judgment does not contain a decision on the division of joint property, it can be divided by way of court proceedings for the division of joint property after the divorce, as well as by way of an agreement on the division of matrimonial property before a notary public.
Limitation or deprivation of parental authority
Parental responsibility and parental rights - is there a difference? The Family and Guardianship Code (KK) regulates the issue of parental authority.
Parental rights are a colloquial synonym for parental authority. Parental responsibility is the right and obligation to exercise custody over the person of the child and over the child's property. It belongs to both parents.
The court has the right to interfere with parental authority by limiting the parental authority of the mother or father or depriving the mother or father of parental authority.
Restriction of parental rights (in fact, limited parental rights) consists in the fact that the parent may co-decide on certain important matters of the child with the other parent, and on certain important matters of the child he cannot co-decide with the other parent (only the first parent decides).
Deprivation of parental authority leads to the inability to co-decide on any important matters of the child. In the divorce judgment, the court must rule on the parental authority of the mother and father after the divorce.
Paternity case
In Polish law, the ancient principle of presumption of descent from the mother's husband ( presumption of paternity ) applies.
The rule is that if a child is born during the marriage or within 300 days of divorce or separation, it is presumed that the child comes from the mother's husband.
If a married woman gave birth to a child and it is not the biological child of the mother's husband, a case for denial of paternity (rebuttal of the presumption of paternity) should be initiated .
Read more about what a paternity case looks like .
Incapacitation of a person
Incapacitation is basically the civil death of a person.
A person who has reached the age of thirteen may be completely incapacitated if, due to mental illness, mental retardation or other mental disorders (in particular, drunkenness or drug addiction), he is unable to control his behavior (this is the so-called total incapacitation ) .
An adult may also be partially incapacitated due to a mental illness, mental retardation or other mental disorders, if that person's condition does not justify total incapacitation, but assistance is needed to run their affairs (this is the so-called partial incapacitation ) .
An incapacitated person has a legal guardian (if there has been a complete incapacitation) and a probation officer (if there has been a partial incapacitation).
The incapacitation procedure looks like this: a relative may file a duly substantiated application for incapacitation. By order of the court, the application for incapacitation was dismissed or considered.
Family matters - why is it worth having a lawyer?
Many people wonder if it is worth choosing a lawyer to conduct a family case. A family lawyer should be characterized by extensive knowledge in the field of family and guardianship law, psychology and forensic psychiatry.
A family lawyer helps you to secure your child's present and future situation.
The lawyer will direct the proceedings and point out what evidence is worth presenting in court. If you need legal assistance, please contact the Law Office of Anna Gręda-Adamczyk, advocate, who specializes in family law.
Our law firm provides legal assistance at the office and provides legal advice online .
