text translated automatically from the Polish version
The maintenance agreement is an alternative to the determination of maintenance in court, which will work out if the parties are able to reach an agreement on their own. The law does not impose any requirements as to form, so it can be an oral agreement. However, such a solution is not convenient for reasons of evidence, hence it is recommended that such a contract should have at least a documentary form.
Definitely most often you can meet with maintenance agreements in the form of a notarial deed. This is a very convenient solution, as the notarial deed is an enforcement order. This means that when the debtor stops paying maintenance, the creditor may submit an application for an enforceability clause. In the proceedings for granting a clause, the court does not examine substantively whether maintenance is due or not, which is why, in principle, these cases are very simple and short. Having a notarial deed (contract) equipped with an enforcement clause, we can go straight to the bailiff or even directly to the debtor's employer (read more).
For such "simplified" enforcement to be possible, the contract must include the debtor's declaration of submission to enforcement. In addition, the contract must include:
- date and place of conclusion of the contract
- specification of the parties, i.e. the obligated and entitled person (names, surnames, addresses, series and numbers of ID cards, PESEL numbers)
- determination of the form of maintenance (amounts or in kind)
- determination of the frequency and date of payment of the maintenance payment
- the form of payment of maintenance
- hand signatures of the parties to the contract
Contract in a form other than notary
If we conclude a contract in written or oral form, we will also be able to assert our rights, but it will be considerably complicated. In such a situation, it is necessary to bring an action for awarding the unpaid amount. It is the Plaintiff's responsibility to prove that the contract has been successfully concluded (hence the oral form of the contract is not particularly convenient). Unfortunately, even in the case of winning such a judgment allows us to demand repayment of outstanding debts - if the debtor does not pay maintenance for subsequent periods, you will have to submit another lawsuit.