Autonomia w prawie rodzinnym - sprawy o rozwód

The article is a voice in the discussion on the so-called out-of-court divorces. The Ministry of Justice, which wants to introduce them in Poland, has the support of the notary corporation, which believes that divorce may become a notarial act in the future. The author disputes this view. He argues against the thesis that divorce carried out based on consensual declarations of the will of the spouses is the realiza-tion of the idea of autonomy of the parties (spouses). He stresses that the concept of autonomy in family law should be understood differently than in contract law. In particular, it is necessary to consider such divorces where one spouse was harmed in marriage, blackmailed, or victimized. Such a person under pressure from their spouse will make the requested statement, which then will be a result of submission to blackmail or violence, not the result of an autonomous will. The mistake of the drafters is to triviali-ze marriage by treating it as a contract and, therefore, downplaying the family context.