Divorce (no-fault) and finances
- Divorce application and the stages of the procedure
- Financial remedy - settlements and division of assets
- Mediation and settlement negotiations
Help with no-fault divorce, child arrangements, maintenance and financial matters after separation, including cross-border UK-Poland cases. We act discreetly and in Polish.
Since April 2022 divorce is "no-fault": you state that the marriage has broken down irretrievably, and the court does not investigate blame. You can apply jointly or alone after at least a year of marriage.
Money and children are dealt with separately; a divorce order does not divide property.
Where spouses have lived in the UK for some time, the English courts usually have jurisdiction. If one spouse has returned to Poland, assets are in both countries or the children live in different places, it matters where the case starts first. An English court looks at assets worldwide, including property in Poland. A divorce granted in England does not always appear automatically in Polish registers - further formalities are usually needed, for example before remarrying in Poland.
England and Wales has no automatic community of property. The court has wide discretion and considers children's needs first, then income and needs, the length of the marriage, age and contributions to the family. A private agreement only becomes binding when approved by the court as a consent order; a clean break order ends future financial claims. Most applications require a mediation information meeting (MIAM) first, with exceptions such as domestic abuse.
The child's welfare comes first. If parents cannot agree, a child arrangements order sets where the child lives and how contact works. Mothers have parental responsibility automatically; fathers if married to the mother or named on the birth certificate, otherwise by agreement or court order. Moving a child abroad - including to Poland - normally needs the consent of everyone with parental responsibility or the court's permission. Removing a child without it can lead to a Hague Convention return application. Child maintenance is usually arranged between parents or through the Child Maintenance Service; where parents live in different countries the route depends on international arrangements.
If you are in danger, call 999. Courts can grant urgent protection such as a non-molestation order, and legal aid may be available in domestic abuse cases. There is no "common-law marriage" in England and Wales: unmarried partners have no automatic claim on each other's property, so ownership documents matter.
A quick consultation in Polish or English. Tell us about the matter and we will explain the next steps.
After an application for divorce is filed, the court handles the case on a no-fault basis. Matters concerning children (child arrangements) and finances (financial remedy) are dealt with separately.
Yes. We prepare applications for a child arrangements order, a contact plan, the child’s residence, and mediation or settlement negotiations.
Yes. We advise on child maintenance and disputed financial issues after separation, including settlements and applications to the court.
UK judgments are recognised in Poland, but they require formal registration at the Civil Registry Office. A clean break order is also important to secure your finances for the future.
At least about six months from application to final order (20 weeks of reflection plus six weeks after the conditional order). Finances and children's matters can take longer if there is no agreement.
A holiday may be possible, but a move requires the consent of everyone with parental responsibility or a court order. Moving without it can lead to a Hague Convention return application.
This page gives general information only and is not legal advice. Our law office is based in Poland. Where a matter requires action before a court or authority in England and Wales, we will explain what is possible and what additional support may be needed before you commit to anything.