Family and Inheritance Law
Family and inheritance matters where the parties or assets connect at least two legal systems.
Family and inheritance matters represent a substantial part of the firm’s practice. Most often they involve situations in which the parties live in different States, assets are spread across several jurisdictions, or the applicable law is not obvious. These are difficult cases not so much because of the underlying legal subject matter, but because they require simultaneous handling before courts and authorities in different legal systems.
Divorce and separation in cases with a foreign element
Representation in divorce proceedings covers both disputes between spouses residing in Poland and situations where one or both spouses live abroad. In EU matters, jurisdiction is established by the Brussels II ter Regulation; in others, by private international law and bilateral treaties. The choice of court before which proceedings are commenced affects not only the divorce itself but, more importantly, the related questions of property division, parental responsibility, and maintenance.
Advice also covers proceedings concerning the division of marital property, including assets located abroad. Cooperation with notaries and counsel in other jurisdictions allows the division to be carried out coherently and enforceably across all relevant jurisdictions.
Parental responsibility, maintenance, child-related matters
International cases involving children require swift action and command of the procedures under the 1980 Hague Convention (child abduction), the Brussels II ter Regulation (parental responsibility, contact), and maintenance instruments (Regulation 4/2009, the 2007 Hague Convention). In practice, the first weeks after a dispute arises are decisive — they determine in which State the case will be heard and, consequently, which law will apply.
Representation includes applications for the return of a child, proceedings on residence and contact, and the pursuit and enforcement of maintenance across borders.
International succession
The succession practice focuses on cases where the deceased or the heirs have connections to more than one State. Most often these involve Poles living abroad and their families, foreign nationals leaving assets in Poland, or estates including real property or shares in companies located in different countries.
Since 2015, the majority of EU successions are governed by Regulation 650/2012. The deceased’s habitual residence at the time of death is decisive, unless the will contains a choice of the law of nationality. The European Certificate of Succession allows heir status to be evidenced in other Member States without repeating national proceedings.
In matters involving non-EU States, the proceeding splits into separate strands in each jurisdiction. Coordination of acts, sequencing of proceedings, and the choice of enforceable titles are then decisive for an efficient and timely outcome.
Planning and instruments
Part of the work in this area takes place before any dispute arises. Advice covers wills incorporating a choice of applicable law, prenuptial agreements in international marriages, and parenting agreements where the parties anticipate relocation abroad. Such anticipatory arrangements are often the hardest to reach but offer the greatest predictability if conflict actually materializes.
- 01 One spouse lives abroad and you are considering divorce or separation.
- 02 An heir lives outside Poland and the estate includes Polish assets — or vice versa.
- 03 A child has been taken abroad without the other parent's consent or refuses to return.
- 04 You have received a summons from a foreign court in a family matter and are unsure whether it will be recognized in Poland.
- 05 You are planning to marry a foreign national and considering a marital agreement.
- 06 You wish to settle your succession with a choice of applicable law in your will.
- 01
Initial assessment
Identifying cross-border elements — residences, asset locations, nationalities, applicable law and the jurisdiction of the court that will hear the case.
- 02
Strategy
Choice of forum and applicable law where decision space exists. Sequencing of procedural steps in Poland and abroad, with assessment of risks and costs.
- 03
Procedure
Representation before Polish courts and coordination with counsel in other jurisdictions. Negotiated settlements where they protect the client's interest better than a judgment.
- 04
Enforcement and recognition
Recognition and enforcement of foreign decisions in Poland and Polish decisions abroad. Land registry entries, estate distribution, notarial and tax formalities.
Cross-border matters make up most of the firm's family and inheritance practice. Clients include both Poles living abroad and foreign nationals connected to Poland through assets, a child, or a spouse. EU regulations (Brussels II ter, the Succession Regulation 650/2012) and the Hague Conventions set the framework in which jurisdiction, applicable law, and mutual recognition of decisions determine the outcome — often well before the first hearing.
If I live abroad, must I get divorced in Poland?
Not necessarily. Jurisdiction in EU divorce matters is governed by the Brussels II ter Regulation — typically habitual residence or nationality determines the forum. The choice of jurisdiction shapes property division, parental responsibility, and maintenance; differences across States can be significant.
A Polish heir lives in another State. Where is the proceeding conducted?
As a rule, the law of the State of the deceased's habitual residence applies, unless the will contains a choice of the law of nationality. The European Certificate of Succession allows the heir's status to be established in all EU Member States without repeating proceedings.
Can I claim maintenance from a former spouse living abroad?
Yes. Enforcement of maintenance claims within the EU operates under Regulation 4/2009. With non-EU States, the 2007 Hague Maintenance Convention is often available. Effectiveness depends on enforceability of the order in the debtor's State of residence.
The other parent took my child abroad without my consent — what now?
The 1980 Hague Convention on the Civil Aspects of International Child Abduction applies. The application for return is filed with the central authority of the State where the child is currently located. Speed of action is critical — the application should as a rule be made within 12 months.
Is a marital agreement concluded in Poland valid abroad?
Most often yes, but the scope of recognition depends on the applicable law and the location of assets. For spouses with connections to several States, choosing the law applicable to matrimonial property regimes is worth considering (Regulation 2016/1103).