Analysis provided by: Dominika Skubida, ODIHR Legal Expert.

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Constitution of Poland in its Article 18 protects the institution of family and grants equal rights to men and women in family life. These rights and obligations are protected and exercisable upon marriage as defined by Article 23 of the Family Code. Article 24 sets forth the rights and obligations of both spouses to decide on family affairs, such as financial matters and bringing up children.

The minimum marital age is 18 years for both males and females. However, the court may grant women permission to marry at the age of at least 16 years. The decision is issued on the basis of a hearing involving both parties and their parents. The permission of the woman's parents is not required. In terms of family names, both parties can decide whether they want to keep their family name or to take the name of either spouse.

Bigamy is recognized as a crime and as such prohibited and penalized by Criminal Code.

As specified by the Family Code from the beginning of marriage, property is owned by both spouses. Common property is understood as the property acquired upon the marriage by both spouses or by one of the spouses. The property not included in the co-ownership constitutes the separate property of each spouse. It means that property acquired before the marriage or certain kind of property acquired during the marriage by one of spouses such as inheritance, donations, gifts, personal items, items for professional use etc. constitutes only his or her ownership (Article 31).

Article 43 is rarely used as a basis in family proceedings, however it helps to assess common shares in the property to the advantage of one of the spouses who is responsible for maintaining the household and child raising. In the proceedings the court is obliged to take into consideration this kind of contribution into the common budget. Additionally, according to Article 47 spouses may also decide to conclude a prenuptial agreement.

In the event of divorce, if at least one of spouses lodges a motion, the property has to be divided by the court on the basis of divorce hearings or a contractual agreement between parties. There exists also the possibility lodging a motion to the civil court, once the divorce is declared.

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