According to the wording of Article 18 of the Constitution of the Republic of Poland, marriage is the union of a man and a woman. This provision states that “marriage as a union between a man and a woman, the family, maternity and parenthood are under the protection and guardianship of the Republic of Poland”. Marriage is solemnised before the registrar of births, marriages and deaths, but according to the agreement between the state and individual churches, a religious marriage, solemnised before the clergy in accordance with the conditions stipulated by the state law, also has civil effects (for details regarding a particular religion, see the relevant legal act). Marriage has important legal consequences (including property relations and inheritance rules). Divorce, on the other hand, is handled separately for civil marriages (it requires a trial before the competent district court) and religious marriages (different churches and religious associations provide their own rules for divorce or annulment of marriage). Polygamy is not permitted, and bigamy is punishable under the provisions of the Criminal Code.
Legal basis:
Article 18 of the Constitution of the Republic of Poland of April 2, 1997 (Journal of Laws of 1997 No. 78, item 483; of 2001 No. 28, item 319; of 2006 No. 200, item 1471; of 2009, No. 114, item 946)
Article 206 of the Criminal Code Act of June 6, 1997 (consol. text: Journal of Laws of 2024, item 17, 1228).
Articles 1-616 of the Act of 25 February 1964 – Family and Guardianship Code (consol. text: Journal of Laws of 2023, item 2809)
List of churches and religious associations whose relations with the Polish state are regulated by the relevant laws.
Civil partnerships have not been regulated in Poland. A law on the matter is currently being drafted.
Each country establishes rules for entering into, dissolving, and annulling marriages on its territory. These regulations differ even in culturally or geographically close countries.
In Poland, marriage regulations are contained in the Family and Guardianship Code (Act of February 25, 1964 – Family and Guardianship Code – i.e. Journal of Laws of 2023, item 2809)
We distinguish between civil and religious marriages. Civil marriages are concluded before the Head of the Registry Office (as a rule, in the office, but with the consent of the Head of the Registry Office – also in another place, for an additional fee) or abroad, and marriages of Polish citizens can be concluded before a consul, while religious marriages can be concluded before the clergy of the chosen religion. Conclusion of a religious marriage has the same effects under civil law as a marriage concluded in an office, so the legal conditions for concluding a religious marriage include the same basic requirements as for a civil marriage, as well as a few additional formalities (e.g., the need to submit a certificate from the office to the clergy and the obligation of the clergy to send documents confirming the marriage to the office within the statutory period).
The conditions for marriage in Poland are as follows:
- marriage is the union of a man and a woman;
- one can have only one wife (men) or one husband (women) at a time;
- the bride and groom must be of legal age, i.e. at least 18 years of age (exceptionally, with the court’s approval, a woman who is 16 years of age or older may enter into marriage);
- the bride and groom must not be in another marriage. 5. the bride and groom must not be related or related in a direct line, must not be siblings or have an adoption relationship with each other.
- the bride and groom must not be afflicted with mental illness or intellectual disability or be legally incapacitated.
Required documents:
- Identity document – identity card or passport
- Proof of payment of stamp duty – you can pay at the cashier’s office or transfer to the office’s account,
- Court permission to marry (in the case of women who are at least 16 years old and in the case of persons who are completely incapacitated)
- Court permission to marry by proxy, together with a power of attorney, if the bride and groom wish to use a proxy
- Polish citizens who do not have Polish civil status certificates must present
- the foreign equivalent of a birth certificate,
- if they were previously married, the foreign equivalent of a marriage certificate, together with a document that confirms the cessation or annulment of the marriage or a document that confirms the non-existence of the marriage.
A foreigner shall submit additional documents:
- A document that will confirm that they can marry according to the law that applies in the country of origin (a document stating that under the applicable law this person can marry). If it is extremely difficult to obtain such a document, i.e. there are insurmountable obstacles (for example, war in the country of origin), the court may exempt such a document – then the court will determine whether this person can get married. In such a situation, you need to have a court ruling on the matter with you. A person who is a foreigner must apply to the court having jurisdiction over their place of residence,
- If, on the basis of the documents submitted, the head of the USC will not be able to determine the data that they must enter in the marriage certificate (to determine the data of the person and their marital status), they may ask the person (foreigner) to submit:
- a copy of the birth certificate,
- and if the person was previously married: a copy of the marriage certificate with a note that the person is no longer married (that is, with a note that the marriage has been terminated, annulled or no longer exists) or a copy of the marriage certificate with a document that confirms the cessation or annulment of the marriage or a document that confirms the non-existence of the marriage,
- a copy of the marriage certificate with a note that the person is no longer married (that is, with a note that the marriage has been terminated, annulled or no longer exists) or
- a copy of the marriage certificate with a document that confirms the cessation or annulment of the marriage or a document that confirms the non-existence of the marriage,
- all documents drawn up in a foreign language must be translated into Polish by a sworn translator or Polish consul,
- If at least one of the couple is unable to communicate with the head of the USC, for example, does not speak Polish – the couple must provide an interpreter. This is not the responsibility of the office, but of the bride and groom.
If the bride and groom have foreign documents needed for marriage (e.g., civil status certificates, certificates, court documents), they must present them with a certified translation into Polish. The legalisation of the document or an apostille clause may be required (for more information, see Authentication of Foreign Official Documents).
Legal basis:
Act of 25 February 1964, the Family and Guardianship Code (consolidated text Journal of Laws of 2019, item 2086, as amended).
Act of 28 November 2014. Act on civil status records (Journal of Laws of 2023, item 1378, 1615).
Information current as of: .
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