I N F O R M A T I O N
on requirements of Polish law in the subject of marriage contract
A. GENERAL PROVISION OF POLISH FAMILY AND GUARDIAN CODE
1. Spouses have equal rights and obligations in marriage. They are obliged to conjugal life, to mutual help and faithfulness and cooperation for the good of the family, which they have created by their union (Art. 23).
2 When marriage is contracted, the joint ownership of property is created between the spouses (statutory joint property, Art. 31).
3. When entering the marriage contract, a wife may make a statement that she wishes to keep her last name or wishes to add her husband's last name to her own. The last name created in that way may have no more then two components. If the bride does not make such a statement, she shall take her husband's last name. (Art. 25).
4.4. Marriage cannot be contracted until 30 days after the date that the persons intending marriage have filed all documents and have given written assurances (Zapewnienie) that they do not know of any reasons why the marriage should not be contracted (Art. 4).
Documents should be filed with the vital statistics office.
B. MARRIAGE WITH FOREIGN NATIONALS
In addition to "Zapewnienie", Aliens (foreign nationals) must file a certificate proving that they have full capacity to enter a marriage contract according to the laws of their country. If an alien is not able to obtain such a certificate, a Polish court may exempt an alien from this requirement. (Art. 56 of Regulations Governing Vital Statistics Acts).
If a party has been previously married and that marriage took place in Poland or at least one of the spouses was a Polish citizen, and than obtained a divorce or annulment in a foreign court, the Decree of annulment or dissolution of marriage shall be recognized by the appropriate Polish District Court (art. 1145 of Code of Civil Procedure).
C. REQUIRED DOCUMENTS:
Zapewnienie - (written assurance) presented and signed before the notary public by the person intending to enter the marriage contract,
Certificate issued by the competent local authorities, confirming that the person who intends to enter a marriage contract is a bachelor/maid or divorcee (or widow/widower), and that there are no known circumstances preventing the marriage from conclusion (certificate of no impediment, or court decree dissolving the previous marriage or death certificate of a spouse).
All documents should be authenticated by the Polish consulate and then presented to the proper vital statistics office in Poland. The consular fee for authentication is $35 per document (payable by money order, certified of cashier's check).
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