Proxy wedding

In accordance with the Polish law, if valid reasons arise, the court may consent that the declaration of entering into marriage be made by proxy, in the absence of one of the parties. In such circumstances, the Registrar General must be provided with an officially certified, written power of attorney, naming the person that the marriage is to be contracted with. Consent to a proxy wedding is granted by the Family Court in non-contentious proceedings, therefore the relevant applications must be submitted to the court. The power of attorney is granted in writing, in the form of a notarial deed. Proceedings in this respect is regulated by Article 6 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy).

Pursuant to a judgment issued by the Supreme Court the consent may only be granted under such circumstances as, in the light of the principles of community life, justify the exemption from the obligation of appearing simultaneously before the Registrar General in order to submit the declaration on entering into marriage (resolution passed by 7 judges of the Supreme Court on 8 June 1970, III CZP 27/70, OSNCP 1971, no. 1, item 2). Since no list of such circumstances was provided, each case is considered individually.

For that purpose, an application for consent to contracting marriage by proxy  is submitted to the District Court competent for the place of residence. The application for consent to contracting marriage by proxy is to be submitted by the person on whose behalf the proxy will appear (i.e. by the person unable to appear at the wedding in person). Furthermore, it needs to be borne in mind that the person in question must be not less than 18 years of age, must not remain married, be legally incapacitated, suffer from a mental illness or retardation. The following must be enclosed with the application:

Party appointing the proxy

  • application, with a copy for the other party (the future spouse)
  • abridged copy of the birth certificate (with a sworn translation as required)
  • photocopy of the passport (with a sworn translation as required)
  • in case of foreigners – photocopy of residence card
  • court fee: PLN 100

The other spouse

  • copy of the birth certificate

The court decision granting the consent specifies the name and the surname of the applicant, the future spouse and the proxy. The decision becomes legally binding after 21 days.

In case of marriage by proxy, the following should be enclosed in addition to the usually required documents:

  • legally binding court decision granting consent to the conclusion of the marriage by proxy
  • power of attorney to make a declaration regarding entering into marriage, drawn up in writing in the form of a notarial deed, specifying the name and the surname of the applicant, the future spouse and the proxy.

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