Advocate in Poland
Legal advice representation before courts
About us
Konrad Wiater
Advocate, graduated from the Jagiellonian University in Kraków and studied in Scotland, entered on the list of foreign lawyers in the Solicitors Regulation Authority in London, completed an advocate training, gained professional experience working in a law firm in London. He has been practicing as an advocate since 2013.
Our Services
We represent clients before courts in Poland and provide legal consultation from different areas of law
Family law
Grounds for divorce in Poland
Obtaining a divorce in Poland requires proving before the court that there has been a complete and permanent breakdown of the marriage between the spouses. The breakdown of the marriage is complete when the spiritual, physical and economic ties between the spouses have ceased. This state must be permanent, i.e. there must be no chance for the spouses to return to their marital cohabitation. The court determines whether there has been a complete and permanent breakdown of the marriage by conducting evidence proceedings – it interrogates the parties and witnesses, gets acquainted with the documents and other evidence that the parties will present.
The court may refuse to dissolve a marriage in the following cases:
– when the good of their common minor children would suffer;
– when a divorce decree would be contrary to the principles of social coexistence;
– when a divorce is requested by the spouse who is solely responsible for the breakdown of the marriage.
From a legal point of view, the childless spouses who jointly apply for a divorce without ruling on the fault of the breakdown of the marriage have the least complicated situation in a divorce case.
Family law
Child maintenance order in Poland
The problem of the amount of child support often arises in legal practice. The parent obliged to pay child support usually expects the amount to be lower than the parent with whom the child remains. The Family and Guardianship Code does not specify the exact amount of child support. Its amount depends on the justified needs of the entitled party and the earning and financial capabilities of the obligated party. Living needs in the form of food, clothes, health protection, education, etc. are the child’s justified needs. It should be remembered that children have the right to an equal standard of living with their parents. The amount of child support should therefore take into account the achievement of such a standard of living. When determining the amount of child support, we also take into account the earning and property capabilities of the obligated party. It should be noted that it concerns „capabilities” and not just the actual amount of earnings. Thus, even in a situation where the obliged party is an unemployed person, his/her earning/property capabilities will justify adjudicating child support from him/her.
Family Law
Contacts with a child according to Polish law – implementation
The parent has the right to contact the child. However, there are exceptional situations where the court may deprive him/her of these contacts. If the child’s parents are able to reach an agreement, contacts take place as agreed. No other form of the agreement is required than the oral one. If no agreement is reached, the court decides on the implementation of contacts. If a divorce case is pending, the court’s decision is included in the divorce decree. Before making a ruling, the court hears both parents. If the parent under whose care the child remains does not comply with the ruling or incorrectly performs it, he/she is exposed to financial liability and to reimbursement of expenses incurred by the person entitled to contacts in connection with the preparation of the contact. The person entitled to contacts who breaches his/her obligations resulting from the ruling is also financially liable. The „enforcement” of contacts takes place in two stages – first, the court will threaten to pay the specified sum, and then it orders the specified sum to be paid. If, despite the application of the above measures, the person under whose care the child remains prevents contacts, it is possible to apply more far-reaching measures in the form of, for example, changing the ruling on contacts or even forcibly removing the child from such a person.
Commercial law
Cases for payment
When the contractor does not pay us, it may turn out that we are forced to sue him/her in court in Poland. We can also be sued in court in Poland. It should be remembered that before referring the case to the Court, an attempt should be made to settle the dispute amicably, e.g. by sending a written request for payment. If we are sued, we should respond to the correspondence received. The exchange of correspondence in many cases allows us to clarify the problem and avoid instituting legal proceedings. If the case goes to court, the court may, on the basis of documents (without a hearing), issue an order for payment. Such an order, after becoming final, has the force of a judgment. If there are no grounds for issuing an order for payment or if an objection is raised against the order for payment, the case will be referred to ordinary proceedings and the court will set a hearing. A final order for payment and a final judgment, after being granted a writ of execution, authorize carrying out the enforcement proceedings. Unfortunately, court proceedings take a long time. The best solution is to settle the dispute amicably. However, this is not always possible.
Criminal law
Criminal law in Poland – rights of the suspect
The suspect is a party to the preparatory proceedings. Such a status is granted to a person against whom a decision on presenting charges has been issued or a charge has been made without issuing such a decision in connection with the commencement of questioning as a suspect. Under Polish law, a suspect is entitled to:
– provide explanations, refuse to provide explanations or refuse to answer questions,
– information on the content of the allegations and their changes,
– submit motions to conduct inquiries or investigations,
– use the assistance of a defense lawyer, including applying for a public defender,
– final acquaintance with the materials of the preparatory proceedings,
– request the referral of the case to mediation,
– free assistance of an interpreter,
– request the access to the files of the preparatory proceedings (the consent of the prosecutor is needed to make the files available),
– in the case of pre-trial arrest – request the access to the files of the proceedings to him/her and his/her defender in the part containing the evidence attached to the request for the application or extension of pre-trial arrest,
– request a hearing with participation of a defense lawyer,
– submit an application at the pre-trial stage for a judgment of conviction and adjudging agreed penalties and other remedies,
– submit an application for a judgment of conviction at the stage of the court proceedings before the notification of the date of the hearing is served on him/her,
– voluntarily submit to punishment until all defendants have been questioned before the court.
The use by the suspect of his/her rights makes effective defense easier, contributes to the clarification of the case and its faster conclusion.
Real estate law
Property in Poland – Purchase Agreement
A property purchase agreement in Poland has to be concluded in the form of a notarial deed. The buyer and the seller, if they do not act by a proxy, should go to a notary public. The purchase agreement is prepared by a notary public. However, the parties may influence its content by proposing to include provisions which they consider important, e.g. a spouse who allocates funds from his/her personal property to the purchase of property may be interested in purchasing property „only for himself/herself” and not for joint marital property. Since life savings are often used for the purchase of property, the buyer should read the agreement in detail and obtain explanations regarding its provisions before signing this agreement. Currently, citizens or entrepreneurs with their seat in the territory of one of the countries – parties to the agreement on the European Economic Area or Switzerland do not need a permit to purchase property in Poland.
Contact Us
Contact details
Kancelaria Adwokacka
Adwokat Marcin Szydziak
ul. Kościuszki 11 lok. 209
25-310 Kielce
e-mail:
tel. +48 790 899 844
Advocate Konrad Wiater
(we prefer contact by contact form)