As a rule, cases adjudicated in proceedings fall under national jurisdiction if the defendant has a residence, habitual residence, or registered office in the Republic of Poland.
In matters concerning marriage and matrimonial property relations, the jurisdiction of Polish courts may be based on the domicile of the defendant in Poland or on one of the connecting factors provided in the Code of Civil Procedure, which establishes the jurisdiction of Polish courts when:
- both spouses had their last residence or habitual residence in the Republic of Poland, provided that one of them still resides or habitually resides in the Republic of Poland, or
- the spouse who is the plaintiff has resided or habitually resided in the Republic of Poland for at least one year immediately preceding the initiation of the proceedings, or
- the spouse who is the plaintiff is a Polish citizen and has resided or habitually resided in the Republic of Poland for at least six months immediately preceding the initiation of the proceedings, or
- both spouses are Polish citizens.
Marriage matters include both non-property matters, such as cases for annulment of marriage, determination of the existence or non-existence of a marriage, divorce, and separation at the request of one of the spouses, as well as matters concerning matrimonial property relations, such as cases for the establishment of property separation between spouses and claims for maintenance between them.
Importantly, national jurisdiction in marriage matters also extends to issues of parental authority over the spouses' minor children.
The provision does not require both spouses to reside or stay in the same place. For the jurisdiction of the Polish court to be established, it is sufficient that each spouse resides or stays within the territory of Poland. The issue of citizenship is assessed based on administrative law regulations, and the possession of other nationalities does not affect the rights and obligations of a Polish citizen.
In this category of cases, the jurisdiction of Polish courts is not, as a rule, exclusive. This jurisdiction becomes exclusive when three conditions are met simultaneously: both spouses have Polish citizenship, and both have their residence and habitual residence in Poland. Essentially, in such cases, the matter is of a domestic nature.
In certain matrimonial matters with a foreign element (related to the territory of the EU), the determination of jurisdiction is governed by the provisions of the European Parliament and Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
This category of matrimonial cases is defined therein as matters relating to divorce, legal separation, and marriage annulment. Jurisprudence holds that this should be understood to encompass any civil matter concerning the termination or loosening of the legal marital relationship, including cases for annulment of marriage after the death of one of the spouses. The regulation provides for alternative jurisdiction, giving the plaintiff broad options. Specifically, in matters concerning divorce, legal separation, or marriage annulment, jurisdiction lies, in the first instance, with the courts of the Member State on whose territory:
1. Both spouses have their habitual residence;
2. The spouses last had their habitual residence, provided one still resides there;
3. The respondent has their habitual residence;
4. In the case of a joint petition, either spouse has their habitual residence;
5. The plaintiff or applicant has their habitual residence, provided they have resided there for at least one year immediately preceding the filing of the petition;
6. The plaintiff or applicant has their habitual residence, provided they have resided there for at least six months immediately preceding the filing of the petition and are a citizen of that Member State.
General jurisdiction also lies with the courts of the state of which both spouses are nationals. Consequently, conflicts between the jurisdictions of courts of different Member States will be resolved solely based on the rules concerning the effects of the prior commencement of proceedings before one of the competent courts.
Interestingly, in situations where each spouse holds the nationality of both Member States, the courts of the Member States whose nationality the spouses possess have jurisdiction. The spouses can choose which Member State's court to bring the case before.
If a separation has been previously decreed, the court of the Member State that issued the separation decree is also competent to convert that separation decree into a divorce decree, provided this is allowed under the law of that Member State. This is relevant because in some Member States, legal systems require a separation decree before granting a divorce. Polish law, however, does not provide for the conversion of a separation into a divorce.
A spouse who has a habitual residence in the territory of a Member State or is a citizen of a Member State can be sued in another Member State.
According to the regulation, any citizen of a Member State who has a habitual residence in the territory of another Member State can invoke the jurisdictional rules applicable in that state against an opposing party who neither has a habitual residence in a Member State nor holds the nationality of a Member State. From the perspective of a plaintiff wishing to conduct divorce proceedings before a Polish court, they have the option to utilize the provisions of the Polish Code of Civil Procedure, specifically Article 110.