A divorce in which at least one spouse is a foreigner starts with three questions: can a Polish court hear the case, which law will apply, and will the judgment be recognised in the other country. The situation of Ukrainian citizens living in Poland raises particular doubts, because Poland and Ukraine are bound by a 1993 legal assistance treaty that expressly regulates divorce. We explain what the legislation says, how the courts act and what to watch for before filing a petition.
Legal basis
- Article 26 of the Agreement between the Republic of Poland and Ukraine on legal assistance and legal relations in civil and criminal matters, signed in Kyiv on 24 May 1993 (Journal of Laws 1994 No. 96, item 465) – applicable law and competent authority in divorce cases,
- Article 3 of Council Regulation (EU) 2019/1111 (Brussels IIb) – jurisdiction in divorce cases where the spouses are habitually resident in an EU Member State,
- Article 54 of the Polish Private International Law Act (consolidated text: Journal of Laws 2023, item 503) – law applicable to divorce where it does not follow from a treaty or EU law,
- Article 1099 § 1 and Article 1103¹ of the Code of Civil Procedure – lack of national jurisdiction as a ground for rejecting a petition, and domestic rules on jurisdiction in matrimonial matters,
- Article 26(1)(1) of the Act on Court Costs in Civil Cases (consolidated text: Journal of Laws 2025, item 1228) – fixed fee of PLN 600 for a divorce petition.
Will a Polish court hear a divorce between foreigners?
The answer depends above all on the spouses’ nationalities and where they live. Brussels IIb gives jurisdiction to the courts of the Member State where the spouses are habitually resident, or were last habitually resident if one of them still lives there, and of the Member State of the respondent’s habitual residence (Article 3(a)). The petition may also be filed in the State of the applicant’s habitual residence if he or she has lived there for at least a year, and in the State of the spouses’ common nationality (Article 3(a) and (b)). For spouses from Ukraine the bilateral treaty of 1993 also comes into play.
Ukrainian citizens – three most common situations
1. A Ukrainian citizen and a Polish citizen
Under Article 26(2) of the treaty, where the spouses are nationals of different Contracting States and live in the territory of one of them, the divorce is governed by the law of that State and its authority is competent (paragraph 4). Spouses living in Poland therefore generally divorce before a Polish court under Polish law. If they live in different States, the courts of both States are competent and the law of the State before whose court the case is pending applies. In its decision of 24 September 2014 (I ACz 1647/14) the Poznań Court of Appeal set aside the rejection of a divorce petition filed by a Polish woman against a Ukrainian man, finding that the plaintiff was resident in Poland and that the Polish court therefore had jurisdiction under the treaty.
2. Two Ukrainian citizens living in Poland
This is the case that causes the most problems. Article 26(1) of the treaty provides that divorce is governed by the law of the State whose nationals the spouses are, and under paragraph 3 the authority of that State is competent. In practice courts rely on this provision when rejecting petitions: the Poznań Regional Court (XIV Civil Division, sitting in Piła) by its decision of 15 November 2024 (XIV C 1265/24) rejected a divorce petition in which both parties were Ukrainian citizens, citing Article 26(1) and (3) of the treaty and Article 1099 § 1 of the Code of Civil Procedure. It follows from the publicly available text of that decision that the court relied on the bilateral treaty; it did not refer to Article 3 of Brussels IIb which, where the spouses live in Poland, could justify the jurisdiction of Polish courts. The relationship between the 1993 treaty and the Regulation is not the subject of a settled line of case law that we could present here, so an individual analysis is necessary before filing, and the risk of the petition being rejected must be taken into account.
3. A Ukrainian citizen and a citizen of another State
The Polish–Ukrainian treaty does not resolve such a case in full. Jurisdiction is then assessed under Brussels IIb (habitual residence of the spouses, the respondent or the applicant), and the applicable law under Article 54 of the Private International Law Act: the spouses’ common national law; failing that, the law of the State of their common domicile; then the law of the State of their last common habitual residence (provided one of them still lives there); and as a last resort Polish law.
Applicable law – why it matters
The applicable law determines the grounds for divorce and its effects. For two Ukrainian citizens both the treaty (Article 26(1)) and Article 54(1) of the Private International Law Act point to Ukrainian law as the common national law. If a Polish court hears the case, it may therefore be required to apply foreign law. For Polish–Ukrainian spouses living in Poland, Polish law applies, including Article 56 § 1 of the Family and Guardianship Code (complete and permanent breakdown of the marriage).
Children and maintenance
Article 26(5) of the treaty provides that the court competent to decide on divorce is also competent to decide on parental responsibility and maintenance for minor children. Where children live in Poland, however, jurisdiction and applicable law must be assessed separately under the rules on parental responsibility (Regulation 2019/1111) and on maintenance – an element that requires individual analysis.
Procedure and costs
- Petition: filed with the regional court; it states the parties’ details, the date and place of the marriage, information about children and the position on fault.
- Court fee: PLN 600 (Article 26(1)(1) of the Act on Court Costs in Civil Cases).
- Documents: marriage certificate (a foreign document requires a certified translation into Polish) and children’s birth certificates, identity documents, evidence of the parties’ places of residence.
- Language of proceedings: Polish; a foreigner who does not speak the language may need an interpreter.
Recognition of the judgment in Ukraine
The 1993 treaty provides for the recognition and enforcement of court decisions: recognition is decided by the court of the State in whose territory the decision is to be recognised, applying its own law, and it examines only whether the conditions of Articles 50 and 51 of the treaty are met (Article 52). If the divorce judgment is to be effective in Ukraine, this should be planned already when choosing the court and preparing the documents; we do not describe Ukrainian procedural rules here, which should be confirmed by a lawyer familiar with Ukrainian law.
Checklist before filing
- nationalities and habitual residence of both spouses (also in the past),
- whether both live in Poland and since when,
- jurisdiction: the 1993 treaty and Article 3 of Brussels IIb,
- applicable law (treaty or Article 54 of the Private International Law Act),
- whether the judgment is to be recognised in Ukraine or another State,
- children: place of residence, parental responsibility, maintenance, contact,
- translations and legalisation of foreign documents,
- legal representation and the PLN 600 fee.
Frequently asked questions
Can two Ukrainians living in Poland divorce before a Polish court? This depends on the assessment of jurisdiction. The 1993 treaty points to a Ukrainian court and some courts reject petitions on that basis; Brussels IIb supports the jurisdiction of the State of the spouses’ habitual residence. The case must be assessed individually before the petition is filed.
Can a marriage concluded in Ukraine be dissolved in Poland? Yes, if the Polish court has jurisdiction; the place where the marriage was concluded is not an obstacle in itself.
Which law will the court apply? For two Ukrainian citizens – Ukrainian law; for Polish–Ukrainian spouses living in Poland – Polish law.
How much does a petition cost? The court fee is PLN 600, plus the costs of translations and legal representation.
This article is for information purposes only and contains general information as of the legal status on 28 October 2026. It does not constitute legal advice or a legal opinion in an individual case. We handle divorce cases with a foreign element, including those involving Ukrainian citizens. See also: Divorce for Ukrainians in Poland.