PROCEEDINGS FOR THE DIVISION OF COMMUNITY PROPERTY OF SPOUSES. FOLLOWING THE AMENDMENTS TO THE CODE OF CIVIL PROCEDURE INTRODUCED BY THE LAW OF JULY 4, 2019

Abstract

With the growing number of divorces in Poland, one of the most common types of civil non-trial proceedings is proceedings for the division of community property of spouses. Court-ordered division of community property of spouses usually takes place when the joint holders of rights are unable to agree on issues related to the withdrawal from the joint ownership. If, however, the joint holders of rights agree on the composition of the community property and the manner in which the division is to be carried out, they will, as a rule, enter into an agreement of appropriate content. This method of division is much faster, and also provides more opportunities to do it with a broader consideration of all aspects of the situation of the entities in question. In principle, non-trial proceedings seem to be a simpler category than their procedural counterparts (if only due to the lack of contentious nature of the subject matter of the case itself, for example, the need to divide the community property of the spouses after the cessation of marital property ownership), however, the multiplicity of problems arising in the course of these proceedings makes them of considerable interest to practitioners. One of the most important reforms of civil procedure in recent years, made by the Act of July 04, 2019 amending the Act - Code of Civil Procedure and certain other acts, influenced their actual course. Improving the implementation of the citizens right to a court of law has been identified as one of the most important goals of this amendment