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Speak to a member of our specialist international team of UK family lawyers today on 0330 107 0107.

At IMD Solicitors, we specialise in family law cases, often navigating the complexities of international elements that require strategic decisions about where to issue court proceedings. Iwona Durlak, Solicitor and Senior Partner at IMD Solicitors, and Martyna Dudkowiack, a Polish Attorney, work closely together on family and divorce cases with cross-border aspects. In this video, they offer a comprehensive overview of handling family law matters, with a particular focus on the procedural differences and nuances between UK and Polish law. While the UK system may appear more straightforward, it is essential to seek legal advice, especially in cases involving international assets or jurisdictional considerations.

Key Differences in Divorce Proceedings: Poland vs UK

• Fault-Based Divorces: In Poland, the court determines fault for the breakdown of the marriage. This can significantly impact maintenance obligations following the divorce. However, fault-based divorces often take much longer due to the need for comprehensive evidence, including witness testimony. By contrast, the UK has moved to a no-fault divorce system, with fault no longer considered as part of the proceedings. Financial and children’s matters are handled separately in the UK, allowing for a more streamlined process.
• Children’s Matters: In Poland, the divorce decree may include decisions regarding parental responsibility, child support, and contact arrangements for minor children. In the UK, these matters are dealt with separately from the divorce itself, allowing for greater flexibility depending on the family’s circumstances.
• Division of Assets: In both jurisdictions, divorce and financial matters are closely linked. However, in the UK, financial orders are not enforceable until the divorce is finalised, making it important to carefully plan the timing of applications.

Strategic Decision-Making in Jurisdiction

The choice of where to issue proceedings depends on the individual circumstances of each case, including the family’s specific situation and the potential consequences of pursuing proceedings in a particular jurisdiction. Martyna and Iwona work collaboratively to assess these factors, providing clients with tailored advice to ensure the best possible outcomes.

If you are facing the breakdown of a relationship and need guidance on family law matters in either Poland or the UK, our team is here to help. Contact us to discuss your options and receive expert support throughout the process.

This video is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this podcast was published.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.