Institution of a divorce existed in ancient times, then was spread by roman law. However, under the influence of christianity, it practically disappeared as it became a sacrament. Recovery of this institution happened during the period french revolution through french law.
There are many models of divorce institutions in different countries. The basis for a divorce can be the decay of family life or a fault. One may also require a prior separation. And the divorce itself can be introduced by a court order, an agreement between husband and wife, or the decision of the administrative body. In the polish model both fault and decay of family life are important. In the Polish legal system, marriage is not considered a contract and therefore can not be terminated by another contract. The particular nature of this legal action is expressed by the fact that divorce can only take place on the basis of a court decision.
The Polish divorce law is governed only by one legal act. It is the Code of Family(hereinafter KRO). In no other way than via the KRO one can dissolve the marriage.
According to the KRO, spouses have equal rights and obligations in marriage. This also implies the equality of rights with respect to the claim so that the court dissolved the marriage through divorce. The gender of the claimant does not matter here.
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