The Supreme Court, in its decision of October 24, 2022 in case I CSK 3074/22, refused to accept the cassation appeal for consideration as clearly unfounded.
In a cassation appeal, which, as the Supreme Court emphasizes, is not a third instance, but an extraordinary means of appeal, the complainant should demonstrate one of the precisely defined conditions. One of them is the obvious validity of the complaint demonstrated by the complainant.
The applicant sought to establish a separation of property with retroactive effect due to the fact that he had been effectively separated from his wife for a long time. However, the court of second instance did not agree
The complainant pointed out that the cassation appeal was clearly justified because the Court of second instance (…) incorrectly assumed that the actual separation between the parties did not lead to a significant change in the parties’ relations and that the date of occurrence of the grounds for establishing separation is only the date of closing of the hearing before the Court of First Instance. instance (i.e. declaring formal separation).
The Supreme Court did not find the complaint obviously justified.
The court pointed out that Art. 52 pairs 1 KRO states that each spouse may request that the court establish separation of property for important reasons.
The „important reasons” clause is flexible and leaves the court a wide margin of discretion, requiring a subjective and individualized assessment in each case.
Inevitably, it does not require the fulfillment of any specific premises and refers to the morality and life experience of the judgment.
In its decision, the court also referred to decision III CSK 64/20, previously described on our website, in which it found that not every form of actual separation may constitute a valid reason for establishing separation of property.
According to the court, the mere fact that there is a de facto separation between the spouses does not determine the date of separation of property.