“A court judgment is one thing; a civil status record is another. These are completely independent documents. If a spouse obtains a civil status certificate from the Civil Registry Office showing that they are divorced, then at any moment—at any other office, not only in Poland but also anywhere in the European Union—they may enter into a new marriage. They could even romantically get married in Italy. And then what? Where do we annul that marriage—Italy or Poland? And under what procedure? It will not be annulled anywhere,” explains Judge Agnieszka Pieńkowska-Szekiel to Niezalezna.pl. She has adjudicated family cases for many years, both in district and regional courts, and is a member of the association “Lawyers for Poland.”
A judge of the District Court in Giżycko deemed a final divorce judgment to be “non-existent,” citing as the reason that the case had been adjudicated by a so-called “neo-judge.” The ruling has caused a stir among lawyers. There has been no shortage of sharp commentary, but this situation may have disastrous consequences above all for former spouses.
Can a final judgment of a Regional Court confirming a divorce fail to be recognized in proceedings before a District Court concerning the division of marital property?
From a legal standpoint, a divorce judgment becomes binding at the moment it is pronounced. It may be challenged only by an appeal to a higher court; if that court does not change the ruling, it becomes final. The same applies if the judgment was not appealed.
Does that mean the marriage definitively ceases to exist?
The court sends the final judgment to the Civil Registry Office, and the head of the registry must—pursuant to the Act on Civil Status Records—enter what was received from the court. There is no discretion. A notation is made that the parties are divorced. Such a notation—i.e., an update of the civil status record—is universally binding. It is akin to the presumption of reliability of land and mortgage registers. As a citizen, you have the right to trust that the state protects you.
The same applies to civil status registers. If you obtain any document for any purpose—say, to confirm inheritance rights—you have the right, also in reliance on a state institution, to assume that what appears in the civil status record is true. Otherwise, the state could not function if citizens ceased to trust public registers.
How does this relate to the position taken by the court in Giżycko?
The adjudicator challenged not only the final ruling of another court, but also questioned the civil status record. He or she undermined both the court’s judgment and the actions of an authority independent of the courts—the Civil Registry Office.
Challenging entries in registers—whether land and mortgage registers or civil registry records—without any specific information that an entry is inconsistent with the facts undermines trust in the state and in the registers we all use on a daily basis.
What are the consequences of this situation for former spouses, who may be confused? They had a final divorce judgment and now hear that it may be “non-existent.”
A judgment is one thing; a civil status record is another. These are completely independent documents. If a spouse obtains a civil status certificate from the registry showing that they are divorced, then at any time—at any other office, not only in Poland but also across the European Union—they may enter into a new marriage. They could even romantically get married in Italy. And then what? Where do we annul that marriage—Italy or Poland? And under what procedure? It will not be annulled anywhere, because the new marriage would have been concluded on the basis of an updated civil status record. It must be emphasized that a divorced person enters into a new marriage by presenting a civil status certificate at the relevant office.
And yet, in Giżycko…
I will repeat: not only the judgment of another court was challenged, but also a document originating from a register—the Civil Registry Office. If the court had learned that a party was led into the divorce by deception, then the divorce judgment should be challenged, as a result of which the civil status record could be amended again. The party submitted to the court an up-to-date civil status record, which is a necessary condition for initiating proceedings to divide the spouses’ community property.
So divorced spouses should not worry?
The only reasonable course is to file an appeal against the decision of the court of first instance. If the regional court were to uphold it, one would need to consider aligning the content of the civil status record with the actual legal situation. As long as a civil status record submitted with the application remains in legal circulation, that status is binding on everyone. Such a civil status record is valid in Poland, in the European Union, and in other countries.
How might this case end?
Based on my knowledge and experience, the regional court will overturn this ruling, ordering the lower court to conduct the case on its merits.
From a human perspective, I understand the stress experienced by the parties to the proceedings, exposed to a much longer process accompanied by strong emotions. Every attempt to reform the justice system is carried out under the banner of speed and efficiency. So far, none of these postulates has even been partially implemented.