Marrying a Polish citizen. Departure and wedding arrangements
Marriage to a Polish citizen
The age of marriage under Polish law is set at 18. The court may lower the age of marriage for a woman (from 16), but it cannot be lowered for a man.
The conclusion of a secular marriage occurs if a man and a woman present at the same time voluntarily give their consent to the marriage in front of the head of the registry office department.
The following conditions must be met::
- marriage can only be between a man and a woman.
- Polish legislation does not recognize partnerships that are concluded between persons of the same sex;
- those who are getting married must appear at the registry office at the same time. For example, you can't get married when a man comes and gives his consent at 12:00 p.m. and a woman at 12:30 p.m.;
A man and a woman must personally appear before the head of the registry office department or his deputy.;
- for the conclusion of marriage, the mutual consent of those entering into marriage is necessary.
If at least one of the four conditions is not fulfilled, but the record of the marriage certificate is drawn up, the court has the right to declare the marriage invalid.
The dissolution of a marriage in Poland is carried out in court.
Types of marriages in Poland
In Poland, a marriage can be concluded in:
The Civil Registry Office (Urząd Stanu Cywilnego-USC) is a so–called civil marriage.
Note: In order for a marriage to be recognized as valid under Polish law, it must be registered at the registry Office.
The registry office issues a marriage certificate confirming the validity of the marriage.
In the temple (np. in the church, church)
In Poland, a marriage entered into according to the rite of some religions can be recognized and registered at the registry office without the need to enter into a civil marriage. This is the so-called concordat marriage. In the following churches and religious associations it is possible to marry by concordat:
Catholic Church, including: Roman Catholic, Greek Catholic, Uniate, Neo-Uniate, Armenian.
The autocephalous Polish Orthodox Church.
Evangelical Augsburg Church.
The Evangelical Reformed Church.
The Evangelical Methodist Church in the Russian Federation.
The Baptist Christian Church.
The Seventh-day Adventist Church.
The Old Catholic Church of the Mariavites.
The Pentecostal Church.
The Polish Catholic Church.
Union of the Jewish Religious Community.
The following churches and religious associations operating in Poland are not allowed to marry under the concordat, which means that although the marriage is valid in the light of this religion, it is not registered at the registry Office.
Thus, in order for a marriage to be recognized in accordance with the provisions of Polish law, a married couple must also enter into a civil marriage at the registry office.:
- Muslim Religious Union,
- Karaite Religious Union,
- The Eastern Old Believer church of the so-called Bespopovtsy.
Documents required for marriage in Poland
For the conclusion of a civil marriage in the Civil Registry Office - Registry Office (Urząd Stanu Cywilnego - USC) The following documents should be submitted to the Director of the Registry Office:
Identification documents with a photo of persons intending to marry and confirmation of the legality of a foreigner's stay in the Republic of Moldova (national or Schengen visa).
Copies of the birth certificate of V.U. persons. If the copy is made in a foreign language, it should be accompanied by a certified translation of the document into Polish, made by a sworn translator from the list published on the website of the Ministry of Justice or the Consul of the Republic of Poland.
Persons who were previously married must submit a document confirming their current civil status.:
- an abridged copy of the marriage certificate with a note on the divorce, or a copy of the final court order on the divorce. If the divorce occurred abroad, you should provide an original copy of the court decision along with an official translation into Polish made by a sworn translator from the list of translators published on the website of the Ministry of Justice or the Consul of the Republic of Poland. If it is necessary to recognize the above-mentioned decision as valid on the territory of the Republic of Moldova, it is also necessary to attach a corresponding court order. Persons who have divorced on the territory of the European Union are required to provide a certificate with an official translation issued by the decision-making authority in accordance with the Annex to art. 39 of Council Regulation (WE) No 2201/2003.;
- an abridged copy of the marriage certificate with a note on the annulment of the marriage or a copy of the final court decision on the annulment of the marriage (in the case of the person whose marriage was annulled);
- a copy of the effective court decision declaring the marriage invalid (in the case of the person whose marriage was declared invalid);
- A shortened copy of the death certificate of the spouse or a copy of a court decision that has entered into legal force establishing the fact of death or declaring the previous spouse dead (for widowers and widows).
Foreigners additionally provide a certificate from their country of origin on the ability to enter into marriage with a sworn translation of this document into Polish. This document confirms that a person, in accordance with the legislation of their country of origin, can enter into marriage in Poland.
To obtain a certificate of absence of obstacles to marriage registration in Poland, you must contact the embassy of the Republic of Belarus in the Republic of Poland and provide the following documents:
- application for the issuance of a certificate (must be printed and completed);
- passport of a citizen of the Republic of Belarus;
- birth certificate;
- certificate of absence of marriage registration issued by the registry office at the place of residence (registration) of the citizen in Belarus;
- certificate from the Polish registry office confirming the absence of marriage registration if the citizen permanently resides in Poland (for holders of passports of the PP series);
- extract from the population register regarding a citizen of Belarus (issued by the department of citizenship and migration of the internal affairs body at the place of registration in Belarus);
- passport of the future spouse/spouse;
- full extract from the birth record of the future spouse/spouse.
More detailed information on the website
http://poland.mfa.gov.by/be/
Proof of payment of the stamp duty, made at the cash desk or to the account of the institution where the ceremony will take place.
In case of marriage by concordat, documents necessary for marriage in this church or religious association should be submitted to the church. For example: baptism certificate, certificate of completion of pre-marital education, proof of attendance at family counseling meetings, etc., as well as a certificate from the Department of Civil Registration stating that there are no circumstances preventing marriage. To obtain such a certificate, you should contact the registry office at the place of residence of one of the parties and submit the following documents:
- identity documents with a photograph of individuals intending to get married and confirmation of the legality of stay in Poland for foreigners (presence of a national or Schengen visa);
- copies of birth certificates. If the copy is in a foreign language, it must be accompanied by a sworn translation of the document into Polish, made by a sworn translator from the list of translators on the website of the Ministry of Justice or the consul of the Republic of Poland;
- a divorced person — an abbreviated copy of the marriage certificate with a note about the divorce or a copy of the court decision on divorce that has entered into legal force. If the divorce took place abroad, the original copy of the court decision together with an official translation into Polish, made by a sworn translator from the list of translators published on the website of the Ministry of Justice or the consul of the Republic of Poland, should be provided. If it was necessary to recognize the mentioned decision as valid on the territory of Poland, the relevant court decision that has entered into legal force should also be provided. Persons who divorced in the European Union are required to attach a certificate with an official translation issued by the authority making the decision in accordance with the Appendix to Art. 39 of the Council Regulation (EC) No. 2201/2003;
- an abbreviated copy of the marriage certificate with a note about the annulment of the marriage or a copy of the court decision on the annulment of the marriage that has entered into legal force (in the case of a person whose marriage has been annulled);
- a copy of the court decision recognizing the marriage as invalid that has entered into legal force (in the case of a person whose marriage has been declared invalid);
- an abbreviated copy of the spouse's death certificate or a copy of the court decision establishing the fact of death or declaring the previous spouse dead that has entered into legal force (for widowers and widows);
- foreigners additionally provide a certificate from their country of origin on the ability to enter into marriage with a sworn translation of this document into Polish. This document confirms that the person, according to the legislation of their country of origin, can enter into marriage in Poland. To obtain this document, one should contact the relevant authority in their country of origin. If a foreigner is unable to present such a document (for example, the country does not issue such documents), they can provide a decision exempting them from the obligation to present such a document. Such a decision is issued by District Courts non-judicially upon the foreigner's application;
- a written assurance of the absence of circumstances precluding the conclusion of marriage;
A foreigner must provide a document confirming the right to marry in accordance with the legislation of the country of origin and a copy of the birth certificate. Submission of such a document can only be exempted by the court (see above); proof of payment of the stamp duty, made at the cash desk or to the account of the institution that will draw up the marriage certificate;
Within 5 days from the date of marriage, the priest is obliged to submit a completed and signed certificate by him, the young couple and the witnesses to the Civil Registry Office at the place of marriage for registration of the marriage certificate.
Abbreviated copies of the marriage certificate can be obtained from the registry office usually up to 2 weeks from the date of marriage. One of the spouses can apply for copies with an identity document.
Marriage procedure
The first step to get married in the registry office or a church that performs marriages under the concordat is to submit a set of documents required by law to the Head of the Registry Office and, on their basis, sign an affidavit stating there are no circumstances preventing marriage and a declaration of the surnames that the spouses and their children will bear after marriage.
A marriage in the registry office can be performed no earlier than a month after the date of submission of documents. In justified cases, it is possible to apply to the head of the registry office for a reduction in the waiting time for the marriage ceremony
On the day of the wedding, at the time of the young couple's oath of marriage, the presence of two adult witnesses is mandatory. Any capable citizen who can confirm the marriage can be a witness. A person who does not have Polish citizenship can also be a witness, but, as a rule, they must know the Polish language (if they do not, the presence of a sworn translator is required). Such a person must present a valid identity document on the day of marriage.
As a rule, a foreigner who does not speak Polish handles all formalities (including marriage) in the company of a sworn translator.
A civil marriage takes place in the registry office. In justified cases, the head of the registry office may agree to a wedding outside the registry office. A marriage under the concordat takes place in the chosen church.
A marriage certificate, in which the marriage is performed by a Registrar, is drawn up immediately after the marriage. The basis for drawing up a marriage certificate, in which a religious representative performs the marriage, is the submission of a certificate by the religious representative confirming the absence of circumstances precluding marriage, certified by the religious representative, the newlyweds, and witnesses, to the Registrar at the place of residence. The religious representative must submit the said certificate to the registry office before the expiration of five days from the date of the wedding. The marriage certificate is drawn up immediately, but no later than the next working day after the day when the relevant documents are received by the registry office.
In both cases, civil marriage and under the concordat, a fee of 84 zlotys is charged for drawing up the marriage certificate. After the marriage is concluded and the marriage certificate is drawn up at the registry office, the newlyweds receive a copy of the marriage certificate.
Note: The marriage certificate is a valid document confirming the fact of marriage and is necessary for various formalities related to the legalization of the stay of such a foreign spouse of a Polish citizen in Poland.
Changing the surname
When concluding a marriage, a decision must be made regarding the surnames that the newlyweds will bear after the wedding, as well as the surname that their children will bear. In Poland, a woman can adopt her husband's surname, keep her maiden name, or have two surnames (her own and her husband's). A man can also adopt his wife's surname, keep his own surname, or have two surnames (his own and his wife's). A foreigner entering into marriage must make the appropriate statement in accordance with the legislation of their country. The statement should be made immediately after the marriage or before the Registrar draws up a certificate confirming the absence of circumstances precluding marriage. If no statement regarding the surname is made, each spouse retains their previous surname.
Note: Changing the surname entails the need to exchange all documents, such as identity card, driver's license, passport, vehicle registration certificate.
If a decision is made to change the surname, after the wedding, you can use the new surname immediately after the registry office draws up the marriage certificate.
In a situation where spouses have chosen surnames during the wedding, and after some time one of the spouses wants to change their surname, this can be done by submitting the appropriate justified statement to the registry office at the place of residence. This procedure applies to Polish citizens and foreigners who do not have any citizenship or refugees with the status established by the mentioned regulations.
If parents get married after the birth of a child, the mother's surname is entered in the child's birth certificate. If paternity is established by recognition, the child bears the surname specified in the mutual applications of the parents, which are submitted simultaneously with the applications required for recognizing paternity. Parents can specify the surname of one of them or a surname consisting of the combination of the mother's surname with the father's surname. If the parents have not submitted согласованных заявлений on the child's surname, the child bears a double surname consisting of the mother's and father's surnames. To change the surname of a child who has reached the age of thirteen at the time of recognition, his consent is required. If paternity has not been established, the child bears the mother's surname.
Marriage concluded with a citizen of Poland abroad
If a foreigner plans to legalize his stay in Poland on the basis of a marriage with a citizen of Poland concluded abroad, he should remember to register the marriage in Poland at the registry office at the place of residence and confirm it with an official document.
To register a marriage concluded abroad, you must submit an application to the registry office to enter the foreign marriage certificate into the Polish civil status records and attach the following documents to the application:
- a copy of the act of civil status drawn up abroad with its sworn translation into Polish, made by a sworn translator from the list of translators published on the website of the Ministry of Justice or the consul of the Republic of Poland;
- identity card or passport of the spouses;
- if the foreign act does not contain all the data provided for by Polish legislation, it is possible to supplement it on the basis of copies of the birth certificates of the spouses. In each case of submitting foreign documents that should serve as the basis for entry in the Polish civil status books, they must be provided with a translation - according to the information specified above, with proof of payment of the stamp duty.
Note: During the registration of the marriage certificate, information about the surnames of the spouses and children born in the marriage is entered. If this data is not available in the foreign certificate, it is recorded on the basis of other documents.
Note: Only citizens of Poland can get married in the consulate of the RP.
Useful information about Poland:
Calls and written inquiries are temporarily not accepted.
You can leave a comment or share your story: