The decision was made on January 12, 2026 in the District Court and is not final.
The judge from Giżycko, dismissing the application for division of property, pointed out that since there was no divorce decree, it could not be said that the community of property had ended.
In the justification, he emphasized that the judgment was invalid because the adjudicating panel included a judge appointed by the National Council of the Judiciary, which was formed after the amendment of December 2017, in which the fifteen members are elected by the Sejm, and not the judicial community – describes praw.pl.
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Divorces that don't exist
Unofficially, judges from the civil and family departments, as well as the Supreme Court, admit that this is not the first such case in family or divorce-related cases. One of the Supreme Court judges pointed out that in Olsztyn there is already a line of jurisprudence according to which decisions and judgments in the field of family law issued by judges appointed by the new National Council of the Judiciary are considered non-existent.
Judge Katarzyna Wróbel-Zumbrzycka from the management board of the Association of Polish Judges Iustitia emphasized that it is not known how many similar rulings are made throughout the country.
— But it's probably not a large scale. The fact that such judgments are made only shows that the Polish justice system is a mess on many levels. It needs to be cleaned up, first of all, for the benefit of people, so that such situations do not happen again, she said in an interview with the portal.
