Marital Property Separation – Protect Your Assets and Secure Your Future
By default, marriage in Poland establishes community property, meaning that all assets and liabilities acquired during the marriage are jointly owned by both spouses.
If you wish to reduce financial risk, protect your personal assets, or preemptively regulate financial matters in the event of a future divorce, establishing a separate property regime may be the most effective solution.
I provide legal assistance in both contractual and court-ordered separation of property – including representation when one spouse refuses to consent.
How can marital property separation be established?
✔ By notarial agreement (prenuptial or marital contract) – a voluntary agreement signed before a notary, available both before and during the marriage.
✔ By court decision – when one spouse does not agree to sign a contract voluntarily, or when there are serious reasons justifying separation.
If one spouse manages finances irresponsibly (e.g., accumulates debt, squanders money), the other may petition the court to establish a separate property regime, even without their consent.
Why consider a separate property regime?
✅ Protection of personal assets – your spouse’s debts and liabilities won’t legally affect your finances.
✅ Financial clarity and security in divorce – only jointly owned property is divided, making the process faster and more transparent.
✅ Full control over your income and savings – each spouse manages their finances independently.
✅ Shielding a business from marital risk – if one spouse runs a business, separation of property protects the other from potential company debts.
Can property separation be applied retroactively?
As a rule, property separation takes effect from the date it is established. However, in exceptional cases, a court may order retroactive separation – particularly where one spouse has already caused significant financial harm.
How can I support you?
🔹 Advising you on the most suitable solution – contractual or judicial separation?
🔹 Drafting the marital agreement (prenuptial or postnuptial) and cooperating with a notary.
🔹 Representing you in court if you seek to establish separation without your spouse’s consent.
🔹 Assisting with issues related to marital debts and liabilities.
Every situation is unique. If you’re unsure whether separation of property is right for you,
get in touch and let’s find the best option together.
Call now: +48 509 70 70 20