Legal issues Poland

To get married, foreigners need to collect and prepare the following documents:

- Passports or identity cards of both spouses.

- Birth certificates.

- A document confirming the absence of obstacles to marriage, issued by a competent authority in your country. If such a document cannot be issued in your country, you need to obtain permission from a Polish court (the procedure can take from 1 to 6 months).

- Divorce certificate or death certificate of the previous spouse (if applicable).

- Document regarding the change of surname after marriage (filled out at the civil registry office).

All documents issued in a foreign language must be translated into Polish by a sworn translator.

 

Submitting Documents 

You must submit the documents to the local civil registry office no less than 31 days before the planned wedding date. When applying, a state fee is charged. An additional fee is charged if the ceremony is conducted outside the civil registry office.

 

Marriage Registration Procedure

On the day of the ceremony, both spouses and two witnesses must be present. If one of the spouses or witnesses does not speak Polish, a translator must be provided.

 

Receiving the Marriage Certificate

After the ceremony, the spouses receive a marriage certificate, which confirms the legality of their union in Poland and other EU countries.

 

Additional Tips

Timing and Booking: Plan document submission in advance, as the process of obtaining permits and setting a ceremony date may take several months.

Consultations: Use the services of lawyers or specialized agencies for assistance in preparing and submitting documents.

Registration: The birth of a child must be registered at the civil registry office in the child's place of birth or the parents' place of residence.

 

Necessary Documents:

   - Passport or another identity document of the parents.

   - Parents' marriage certificate (if applicable).

   - Medical birth certificate issued by the hospital.

Translation of Documents: If the documents are in a foreign language, they must be translated into Polish by a sworn translator.

 

Obtaining a Polish Birth Certificate: Based on the provided documents, a Polish birth certificate is issued.

 

Registering the Child at the Consulate of Your Country: Parents can register the child at the consulate of their country to obtain their country's birth certificate and passport.

 

Obtaining a PESEL Number (Identification Number):  For foreigners, obtaining a PESEL number is not mandatory but can be useful for various administrative procedures in Poland.

 

Child's Citizenship: The child's citizenship is determined by the laws of the parents' country. Poland does not provide automatic citizenship by birth on its territory if both parents are foreigners.

 

If you have specific questions or need additional information, it is recommended to contact the local civil registry office or the consulate of your country in Poland.

Choosing a Form of Ownership

The most popular forms of ownership for foreigners:

- Sole Proprietorship (CEIDG) — for single-owner businesses.

- Limited Liability Company (Sp. z o.o.) — for businesses with multiple founders, providing limited liability.

 

Choosing and Checking the Company Name

The company name must be unique and comply with Polish standards. It can be checked in the database on the website (https://ekrs.ms.gov.pl).

 

Preparing Documents

To register a company, you will need:

- Passport or another identity document.

- Documents confirming the legal address of the company (e.g., lease agreement).

- Company statute (for Sp. z o.o.), which must be notarized.

- Proof of payment of share capital (minimum 5000 PLN for Sp. z o.o.).

 

Registration in the National Court Register 

An application must be submitted to the National Court Register:

Traditionally — in court or through a law firm.

Online — through the S24 system on the website (https://ekrs.ms.gov.pl). This requires a qualified electronic signature or a trusted profile.

 

Obtaining NIP and REGON

After registration with the National Court Register, the company automatically receives a tax identification number (NIP) and a statistical number (REGON) from the Central Business Register.

 

Registration as a VAT payer

If your business exceeds the established threshold, it is necessary to register as a VAT payer at the tax office.

 

Opening a corporate bank account

To open a bank account, you will need:

- The company's articles of association.

- Documents of appointment of directors.

- Registration documents from the National Court Register.

- Passport or identification card.

 

Social security 

If you plan to hire employees, you must register in the social security system within 7 days of hiring the first employee.

 

Additional licenses and permits

Some types of activities require additional licenses and permits (e.g., in catering, transport, or financial services).

 

For additional information, it is recommended to contact lawyers who will help you successfully register your business in Poland, ensuring compliance with all legal requirements.

Notaries in Poland provide a wide range of services, including:

- Drafting and certifying notarial deeds.

- Certification of signatures and copies of documents.

- Drafting minutes of meetings.

- Certification of real estate sale contracts.

- Preparation of wills and acts of acceptance of inheritance.

 

The process of obtaining notary services

Choosing a notary: It is recommended to choose a notary who has experience with foreigners and can provide services in English. In major cities like Warsaw and Krakow, there are notaries who offer services in multiple languages.

Making an appointment: It is often necessary to schedule an appointment with a notary in advance. Some notary offices offer online booking.

Consultation and document preparation: Before visiting a notary, it is worth consulting about the necessary documents and requirements. A notary can provide a list of required documents and assist with their preparation.

Visiting the notary: During the appointment, the notary checks all the provided documents, verifies their authenticity, and drafts a notarial deed.

 

Special services for foreigners

Apostille and document legalization: Notaries can assist in obtaining an apostille on documents, which is necessary for their use outside Poland.

Translations: Notary offices often collaborate with sworn translators, which simplifies the process of certifying documents in a foreign language.

 

Legal support

For obtaining notary services, foreigners can also contact legal consultants who will help in preparing and reviewing documents required for notarization. This is especially useful when handling complex legal transactions or when there is a need to certify a large volume of documents.

Consultation with a lawyer

The first step is to consult a lawyer specializing in family law. The lawyer will help you understand your rights and obligations, as well as prepare the necessary documents and evidence.

 

Collection of evidence

Evidence must be gathered to substantiate the divorce. This may include witness testimonies, private detective reports, photographs, and videos. It is also important to provide financial documentation, such as tax returns and payment confirmations.

 

Preparation and submission of the divorce petition

The divorce petition is filed with the district court at the last place of joint residence of the spouses or at the respondent's place of residence. The petition states the grounds for divorce and includes all collected documents and evidence.

 

Temporary Measures

During the court proceedings, the court may issue temporary measures, such as setting a temporary schedule for communication with children, determining temporary support and the place of residence for children during the proceedings.

 

Court Hearing

A court hearing is usually held 4-6 months after the application is filed. The number of hearings depends on the complexity of the case. During the hearings, both parties and witnesses provide their testimony in person.

 

Divorce Decision

After the hearings and consideration of evidence, the court issues a divorce decision. The decision includes:

- Fault in the breakdown of the marriage.

- Parental rights and responsibilities towards common minor children.

- The residence of the children.

- Child support and spousal support.

- Division of jointly acquired property.

 

Appealing the Decision

If one of the parties is not satisfied with the court's decision, they have the right to appeal to the appellate court. To do this, it is necessary to obtain a written justification of the court's decision and file the appeal within the prescribed time.

 

Main Documents for Divorce

- Marriage certificate.

- Children's birth certificates (if any).

- Financial documents confirming the income of both spouses.

- Prenuptial agreements (if any).

 

For a successful completion of the divorce procedure in Poland, it is important to prepare thoroughly and, if possible, use the services of a qualified lawyer who will help understand all legal nuances and protect your interests.

Finding and Choosing a Law Firm

There are many law firms and consultants specializing in providing assistance to foreigners. Online search will always help you in this matter. Also, try to check reviews about the chosen company to make the best choice.

 

Online and Offline Consultations

Many law firms offer both online and offline consultations. Online consultations can be conducted via platforms like WhatsApp or Telegram.

 

Consultations on Immigration Issues

For consultations on immigration issues, temporary and permanent residence, as well as citizenship, you can contact specialized immigration lawyers.

 

Specific Legal Services

Some legal companies offer specialized services such as assistance in obtaining a Pole's Card, consultations on business and corporate law.

 

To get legal assistance in Poland, it is important to choose a reliable law firm that has experience working with foreigners and can offer quality services in a language understandable to you.

Choosing a Sworn Translator

To translate official documents, you need to contact sworn translators who are accredited by the Ministry of Justice of Poland. These translators are authorized to certify translations with their signature and seal, which makes translated documents legally valid in Poland.

 

Types of Documents Requiring Translation

The following types of documents frequently require translation:

- Birth, marriage, and death certificates.

- Educational documents such as diplomas and certificates.

- Legal documents, including court decisions and notarial deeds.

- Documents for immigration services, such as visas and residence permits.

 

Legalization: If documents are from a country not part of the Hague Convention, they will need legalization at the Polish consulate or embassy in the country where the document was issued.

Affidavit and Apostille: For countries that signed the Hague Convention, an apostille must be placed on the original document before translation.

 

In Poland, sworn translators can be found through the following resources:

 

The official registry of sworn translators on the website of the Ministry of Justice of Poland contains current information about all certified translators in Poland, including their contact details and languages they translate:

 List of Sworn Translators (https://arch-bip.ms.gov.pl/pl/rejestry-i-ewidencje/tlumacze-przysiegli/lista-tlumaczy-przysieglych/) 

 

Translator Associations:

The Polish Association of Sworn and Specialized Translators (TEPIS): This is a professional organization of sworn and specialized translators in Poland. Their website also offers a list of accredited translators: (http://tepis.org.pl).

 

It is also possible to contact translation agencies directly, which provide sworn translation services.

   

The use of a sworn translator's services and adherence to all legalization requirements will help ensure the legal validity of your documents in Poland and beyond.

The judicial system of Poland is complex and multi-tiered, consisting of various courts and specialized bodies that provide justice and protect citizens' rights.

 

Main components of the judicial system

Constitutional Tribunal: Deals with questions regarding the constitutionality of laws and regulations. Judges are elected by the Sejm for a nine-year term.

 

Supreme Court: It is the highest judicial authority in Poland; it considers cassation complaints against decisions of lower courts, ensures uniform interpretation of law, and can initiate disciplinary proceedings against judges.

 

Common courts: Include district courts, regional courts, and appellate courts. These courts handle civil, criminal, and family cases, as well as cases of administrative offenses.

 

Administrative courts: Handle disputes between citizens and state authorities. Include Voivodeship administrative courts and the Supreme Administrative Court.

 

Specialized courts: Include military courts and labor courts.

Purchase process

 

Preliminary agreement:

The parties sign a preliminary agreement, which sets the main terms of the transaction, such as price and deadlines.

   

Legal status verification:

A lawyer or agent conducts a legal status check of the property through the electronic land and mortgage register to confirm ownership rights and absence of encumbrances.

 

Final sale agreement:

 It is signed in the presence of a notary. The notary certifies the transaction and records the changes in the land and mortgage register. This is a mandatory step for the transaction to have legal force in Poland.

 

Additional costs

Notary fees: Usually amount to about 2-3% of the property's value but can reach 10,000 PLN or more depending on the transaction amount.

Property transfer tax: 2% of the property's value if purchased on the secondary market.

Legal services: A lawyer assists with document verification, transaction support, and tax consultations.

 

Property registration

After signing the final sale agreement, the notary registers the changes in the land and mortgage register. The buyer receives documents confirming ownership rights to the property.

 

For more detailed information and consultations, it is recommended to contact professional real estate agents and law firms specializing in working with international clients in Poland.

Adoption

Main requirements:

Adoption is only possible for minors (under 18 years old).

Adoption must be in the best interests of the child.

With the consent of a child over 13 years old.

Adoption is irreversible and confidential (in documents, the child is listed as the biological child of the adoptive parents).

 

Adoption procedure for foreigners

Foreigners must contact the Central Adoption Authority in their country or an accredited agency.

Timeframes and post-adoption control: The adoption process usually takes several months and requires several visits to Poland. After adoption, post-adoption control is conducted within a year, including three reports (after 2 weeks, 3 months, and a year post-adoption).

 

Child custody

Custody rules:

 Custody decisions are made by the court based on the interests of the child.

 The court considers the possibility of granting custody to close relatives if it is in the child’s best interests.

 Foreigners generally need to have a residence permit or long-term stay in Poland to apply for custody.

Important aspects

Poland is a participant of the 1993 Hague Convention regulating intercountry adoption, ensuring international cooperation and protection of children’s rights.

Foreigners wishing to adopt a child from Poland must work through accredited agencies and comply with all international and national legal requirements.

These requirements and procedures are aimed at ensuring the welfare of children and compliance with international standards. Consulting with legal specialists and accredited agencies will aid in successfully navigating the adoption process or obtaining guardianship.