Family
Family and Guardianship Code with joint marital property by default
The 1964 Family and Guardianship Code governs marriage, parentage and guardianship. Marriage creates a statutory community of property unless varied by notarial agreement, and divorce requires a complete and permanent breakdown of marital life.
Key rules
- Divorce is granted by a regional court on proof of complete and permanent breakdown.
- The court may rule on fault unless both spouses ask it not to.
- Statutory joint property arises on marriage and can be excluded by notarial contract.
- Child maintenance is assessed on the child's justified needs and the parent's earning capacity.
Governing law
- Family and Guardianship Code (1964)Kodeks rodzinny i opiekuńczy.
- Code of Civil Procedure (1964)Matrimonial and custody procedure.
In practice
Same-sex marriage and registered partnership are not available, and the Constitutional Tribunal has read Article 18 as limiting marriage to a man and a woman.