The Ministry of Justice announces a real revolution in Polish household law, which is to enter into force as early as 2025. The prepared bill assumes fundamental changes in divorce processes, putting an end to the long-standing tradition of deciding on guilt for the dissolution of marriage. This means that court battles, public dirty laundry and discussing intimate details of couples' lives can shortly go back to history. However, the most controversial change concerns alimony.
Under the fresh rules, the specified fact of being an ‘innocent party’ will no longer automatically entitle you to receive maintenance from your ex-wife. This is simply a breakthrough that aims to advance the rule of economical autonomy after divorce and shorten court proceedings. Although the aim is to make divorces faster and little painful, experts and social organizations are beating the alarm, pointing to possible risks to people in a more hard material situation.
No more blame. What does this mean in practice?
The main nonsubjective of the improvement is to quit the decision by the court, which of the spouses is liable for the distribution of life. So far it has been this issue that has spawned the most fierce and devastating disputes in the courtrooms. For years, married couples have frequently accumulated evidence of betrayals, brawls, or another wrongdoings of a mate in order to get a favorable sentence. The fresh rules are to completely change that.
In practice, this means that The courts will no longer analyse the private details of couples' lives. No more calling witnesses to talk about quarrels, problems or intimate matrimony relationships. The procedure is intended to focus only on key, formal aspects of the termination of the relationship: the sharing of assets and, most importantly, the setting of issues relating to the care of minors. The aim is not only to accelerate procedures, but besides reduction of trauma and stress, which is accompanied by public consideration of individual failures.
A revolution in kid support. Who loses and who gains?
The top emotions and controversy is caused by the planned change in the rules for granting alimony between erstwhile spouses. The erstwhile regulation was simple: a spouse found solely guilty of breaking up a relation could have been obliged to pay alimony to a ‘innocent’ partner, even if he was able to support himself. The fresh task completely breaks with this logic.
After the improvement came into force, alimony will be granted only in exceptional situations. The benefit will only be obtained if the erstwhile spouse is in a state of deprivation, which means that he will not be able to meet his basic life needs due to, for example, a severe illness, disability preventing taking up work or the request to care for a common kid with disabilities. The specified fact of being a organization that's not guilty will cease to matter. Government introduces this the rule of economical autonomythat adults should be liable for their own livelihood after divorce.
Voices of objection and expert concerns. Are you certain this is simply a good change?
Although the thought of faster and little painful divorces sounds promising, the task raises serious concerns in the legal environment and among aid organisations. Critics indicate that fresh regulations can hit people who have spent years sacrificing their careers to run a home and rise children. Women are most likely to find themselves in specified a situation, who, after divorce, may have large difficulties returning to the labour marketplace and achieving financial stability.
Questions arise as to whether the liquidation of the kid support “for fault” will not leave without the support of those who have been financially dependent on the partner for years. There is simply a hazard that new law can deepen economical inequality after divorce. Experts besides inform that failure to regulation on guilt may in any cases weaken the position of victims of home violence, for which the guilty verdict was not only symbolic justice but besides the basis for financial support. The discussion on this subject is highly hot and the final form of the rules may inactive change.
What's next? Changes will enter into force in 2025
The proposed changes to divorce law are 1 of the deepest reforms of household law in years. According to the Ministry of Justice, The fresh rules are due to apply in 2025which gives time to prepare for the fresh legal reality. The subject already evokes a immense stir in social media and public debates, dividing Poles into supporters and opponents of reform.
One thing is certain: if the government enters into force in the proposed form, thousands of people planning to divorce will gotta verify their expectations and strategies. The request to prove guilt will disappear, but the possible of obtaining alimony on this basis will disappear. It is simply a fundamental change that will redefine what it is to end a matrimony in the Polish legal system, emphasising on the future and independency alternatively than on the settlement of the past.
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The government ends up with alimony for guilt. A large revolution in divorce already in 2025!
