Separacja małżeństwa w prawie polskim i w prawie kanoniczym

Abstract

The institution of separation is known both in the Polish law and the Canon Law. The Church legislator by way of separation intends to protect the inseparability of marriage; whereas the Polish state legislator, as he values highly the institution of formal marriage, by way of ruling separation guarantees the possibility of marriage therapy and promotes stability of the relationship. In conflict cases - adultery, violence or any other evidence pointing to separation - spouses decide on actual separation, that is without court ruling; however, if difficulties intensify, they may appeal to the court for formal separation. This article provides an analysis of evidence and procedures that are applicable when ruling on separation in both legal systems.