Division of Assets in Divorce Proceedings – When Is It Possible and How to Carry It Out?

Table of Contents:

1. What are the biggest advantages of dividing assets in a divorce decree?
2. Why doesn’t the court always divide joint property during the divorce proceedings?
3. When will the court consider that dividing assets in the divorce decree will not cause an excessive delay in the proceedings?
4. Mediation – a way to increase the chances of a division of assets in the divorce decree
5. Partial division of assets – a compromise solution
6. What happens if the court does not grant a motion for division of assets during the divorce proceedings?

Divorce involves the need to divide joint marital property. In most cases, this happens in such a way that the court first grants the divorce and then, in separate proceedings, divides the assets. However, the law also provides for another solution – the division of marital assets within the divorce proceedings themselves. That option, however, will not always be available to you.

What are the biggest advantages of dividing assets in a divorce decree?

It is definitely worth trying to carry out the division of assets already during the divorce – as long as the conditions for doing so are met. This approach:

• avoids the need for another court proceeding and the necessity of resolving another matter related to the end of the marriage months after filing for divorce,
• saves time and money – the court fee for a separate motion to divide assets after divorce is PLN 1,000, while the fee for division of assets within divorce proceedings is PLN 300,
• helps close both personal and emotional matters – a single judgment ends both the marriage and the joint property regime,
• may prevent the escalation of conflict, which often intensifies after divorce.

Why doesn’t the court always divide joint property during the divorce proceedings?

Article 58 § 3 of the Family and Guardianship Code provides for the possibility of dividing marital property already during the divorce proceedings. However, two conditions must be met.

First, the court will only divide the marital property in the divorce decree if one of the spouses makes such a request. This means that if you want the property issues resolved within these proceedings, you must take an active step.

Second, the court will do so only if it will not cause an excessive delay in the divorce proceedings. Property matters often trigger strong emotions and, in many cases, are highly complex – especially if the spouses cannot reach an agreement, wish to account for expenses and investments, or, for example, want to establish unequal shares in the joint property.

When will the court consider that dividing assets in the divorce decree will not cause an excessive delay?

As mentioned above, division of assets during divorce is only possible when there is no dispute between the spouses about the property. Such agreement must cover:

• What belongs to the joint property,
• The value of individual items,
• And how they will be divided.

If any of these issues are disputed, you can be sure the court will reject your motion. Lack of agreement often requires appointing experts, hearing witnesses, and reviewing numerous documents. In short – it means lengthy evidence proceedings, which would inevitably extend the divorce case significantly.

However, it is possible to work out such agreement before divorce proceedings begin. This is where mediation and attempts to resolve property disputes amicably can help.

Mediation – a way to increase the chances of a division of assets in the divorce decree

If both parties wish to reach an agreement but some points remain disputed, this does not rule out the possibility of resolving property issues quickly. In such cases, you can attempt to reach a compromise with the help of a professional mediator. Sometimes the court itself may see an opportunity for agreement and refer the case to mediation.

If mediation is successful, the mediator will submit the settlement to the court, which can then include it in the divorce decree. If you manage to reach an agreement outside the courtroom, you will also have the chance to settle property matters within the divorce judgment.

Partial division of assets – a compromise solution

It may also be worth considering an intermediate option – partial division of assets. If you agree on certain assets (e.g., a car, apartment, or savings), the court can limit its ruling to those elements.

This solution works particularly well when spouses agree on movable property but cannot agree on real estate or company shares. In that case, part of the property issues can be resolved during the divorce, and the rest addressed later in separate proceedings.

What happens if the court does not grant a motion for division of assets during the divorce proceedings?

If the court does not divide the property during the divorce proceedings, you can still carry out the division of marital property after the divorce. This can be done:

• On the basis of a settlement concluded before a court or a notary,
• Or through court proceedings, if no agreement is possible and evidence proceedings are required.

Cases where assets are divided in the divorce decree are in the minority. The key to success is full agreement between the spouses on all aspects of the division and proper preparation for the divorce case.

Although courts rarely use this option, that does not mean it is not worth trying – especially if the spouses agree on the principles of division. Even if the court opts for a partial division, this can significantly simplify future proceedings.

And how can you increase your chances of a positive and quick outcome? This is where a lawyer specializing in family law can help. An experienced attorney will analyze your situation, check whether you have a chance for division of assets within the divorce case, make sure that your divorce petition or response includes all necessary motions, and then represent you in court. If necessary, they will also assist you in separate proceedings to settle property matters after the divorce.