Divorces and economic situation

Usually in the first quarter of this year. – 46 courts examined – received a total of almost 19.9 thousand divorce lawsuits, almost the same as the previous year. Compared to the same period of 2020, there was an increase of just over 3%, and compared to the beginning of 2019 (over 21,500), a decrease of almost 8% can be seen.

Read: Clerk Overworked to Encourage Divorce Mediation >>

It’s not good, but the economy is holding back

– Deviations from the previous three years are very small. And they do not reflect the scale of failed marriages in Poland, which was predicted last year due to the new experiences of couples confined to their homes due to the pandemic. Today, many spouses in crisis postpone legal action for economic reasons, including joint repayment and mortgage growth. Additionally, a significant number of people are concerned about the costs associated with going to court. It should be remembered that over the past two years, some Poles have lost their business and had to, for example, come up with new ideas for life. And that’s what they focused their attention on, putting aside personal matters – says legal adviser Małgorzata Sokołowska, specializing in family cases.

Importantly, experts point out that still Few couples who come for divorce legal advice decide to undergo family therapy or mediation beforehand.. – Nevertheless, I feel that the number of people who, through widely available workshops, webinars and online courses or by dynamically developing online support groups, individually deepen their knowledge of the causes of crises in relationships, recognizing the situation in which they find themselves, grows. In my opinion, however, it is largely economic reasons, and not the desire to develop nurturing closeness, that inhibit the number of lawsuits – adds Sokołowska, a lawyer.

Bigger cities, more divorces

Looking at the data from the individual district courts, it can be seen that in the analyzed period of this year. They received from nearly 150 to over a thousand divorce petitions. In the first quarter of this year, the district court in Poznań – 1,296, in Katowice – 1,035, in Warsaw – 1,034, in Gdańsk – 1,003 and in Krakow – 947 – took the lead. of 850.

– Most divorce applications are filed with courts located in the most populated urban areas. If we add the results of the two courts located in the capital, they would be almost 2,000 in total. However, the analysis shows that Poznań ranks first among the cities with the highest number of lawsuits. such cases. The explanation can also be that these big cities are inhabited by people with unified views who want to solve their family problems clearly and quickly. Here, the religious factors and the so-called social shame only in small towns. If a person makes sure they know what they need in life and what is a source of frustration or even fear for themselves and their children, they just start to act, the lawyer says.

On the other hand the fewest lawsuits were filed with the district court in Łomża – 149, Przemyśl – 153, Tarnobrzeg – 184, Suwałki – 185, Krosno – 188 and Tarnów – 199.

Important changes possible soon

It should be recalled here that work is underway on a set of proposed amendments to the Family and Guardianship Code and, among others, the Code of Civil Procedure. The regulations that caused a lot of controversy were, among others, those concerning family information procedures. Praw.pl has repeatedly written about this. It was proposed to add art. 436[1]–436[4]according to which the spouses – parents of minor children, before filing an application for divorce or separation, should submit a request for a family information procedure. After submitting the request, the president would set a meeting date and summon the parties to appear personally, they would be informed and instructed, among other things, on the individual and social consequences of the breakdown of the marriage, in particular for them and their minor children..

Lily: Information procedure during and not before the divorce – MS modifies its own project >>

Simultaneously with setting the date for the information meeting, the court would appoint a mediator and refer the parties to mediation, ordering the appointed mediator to conduct family mediation. According to the proposal, the deadline is one month with an option to extend for six months. Only the expiry of this period, the conclusion of an amicable settlement or the death of one of the spouses would result in the abandonment of proceedings and would give the “green light” to request a divorce.

Lawyers raised outcry that it would prolong the divorce but also increase their costs. Because according to the project, the application of art. 730 of the Code of Civil Procedure, that is to say that it would not be possible to present requests for security. This, in turn, would imply the need to present separate alimony or contact cases, and MS decided to modify the proposals. The family information procedure is intended to be part of the divorce and not to precede it.

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