Published: 2025-06-20

Refusal of consent to divorce on religious grounds. Analysis of case law

Urszula Nowicka
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2025.36.1.05

Abstract

According to the provisions of Article 56 § 3 of the Family and Guardianship Code, divorce is not permissible if requested by the spouse who is solely responsible for the breakdown of the marriage, unless the other spouse consents to the divorce or the refusal to consent to the divorce is contrary to the principles of social coexistence in the given circumstances. An analysis of the case law shows that religious reasons are one of the reasons for refusal. In this context, the question arises whether invoking them can be taken into account in the civil forum, and - in the case of a positive answer - whether the refusal to consent to divorce on religious grounds can be considered contrary to the principles of social coexistence in the given circumstances.

Keywords:

divorce, refusal to consent to divorce, principles of social coexistence

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Nowicka, U. (2025). Refusal of consent to divorce on religious grounds. Analysis of case law. Ius Matrimoniale, 36(1), 115–131. https://doi.org/10.21697/im.2025.36.1.05

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