Family law is a set of legal norms governing personal and property relationships among family members. Marriage expresses the will of a man and a woman to marry. The consent of both must be free and complete.
By using our law firm's services, you can be assured that the contracts will be valid, complete, and there will be no complications arising from them in the future, and all disputes will be resolved quickly and clearly.
In family law we provide comprehensive advocacy advice in the following legal matters:
- Pre-marital contracts and contracts for the adjustment of the joint property of spouses
- Representation and preparation of "uncontested" divorces and "contested" divorces
- The settlement of the joint property of the spouses
- Resolving housing relations after divorce
- Alimony for minors and adult children, relationships and disputes between parents and children
- Claims of unmarried mothers and their children to their father
- Extrajudicial recognition of paternity / determination of paternity / court proceedings for determining paternity
Premarital contracts and contracts for the reduction / extension of joint property of spouses
A pre-marriage contract is a tool for adjusting property relations between spouses. Through this contract, it is possible to regulate that all the property that one of the spouses obtains is his exclusive property and does not belong to the joint property of the spouses. Property rights to real estates acquired during the marriage may also be adjusted at the time of marriage. In the case of divorce, there is no dispute over who owns the particular property.
It is possible for spouses to extend or narrow down a defined range of spouses' common property. In the case of real estates, the contract becomes effective only by entering the changes into the Land registry.
"Uncontested" divorces and "contested" divorces
“Uncontested”, i.e. “agreed” divorce can considerably simplify the divorce proceedings. In the case of an uncontested divorce, the court does not deal with the question of the disintegration of the marriage, and without any problems grants a divorce. However, all of the following conditions must be met:
- Marriage must last at least one year
- The spouses do not share a household for at least six months
- Both of the spouses agree with the proposal for divorce
In addition, a written agreement must be attached to the divorce suit, with officially authenticated signatures of both spouses, which specifies the settlement of property, the rights, and obligations of joint housing and the maintenance obligation. In the case of minor children, the final decision of the guardianship court on how to regulate the education and alimony of minors should be included.
In the case of a contested divorce, the court resolves the entire dispute between the spouses and determines who caused the collapse of marriage. Here, the representation by a lawyer is necessary.
Settlement of joint property of spouses
Unless otherwise agreed, the joint property of the spouses is all that belongs to the spouses, has property value and is not excluded from legal trade. These may be things, rights (even those have property value) or debts. Where the debts relate to property which belongs exclusively to one of the spouses or is taken over by one of the spouses without the consent of the other, they are not part of the joint property of the spouses.
The common property of spouses is not what:
- Serves the personal need of one of the spouses
- Only one of the spouses acquired as the inheritance or gift
- Only one of the spouses acquired and it belongs to the exclusive property of that spouse
- One of the spouses acquired as a substitute for natural rights
- One of the spouses acquired as compensation for the damage, loss or destruction of exclusively his/her property
Housing solutions after divorce
Housing relations after divorce are solved by the Agreement on settlement of property relations after divorce. The contract must contain officially authenticated signatures and is part of the undisputed divorce where the court does not investigate the causes of the marriage disruption.
One of the options is to sell the apartment and divide the amount in half. If one of the spouses wants to stay in the apartment, he can pay the other one after agreement. If the apartment still has a mortgage, it is possible to transfer it to only one of the spouses under the conditions of the bank.
Nutrition of minors and adult children, relationships and disputes between parents and children
Alimony is characterized as a property set of things and other legal objects, valuables that are provided by one person to other in order to nourish and satisfy his or her vital needs.
The most common type of maintenance obligation is the maintenance obligation of parents towards children who are unable to make a living themselves. If the child continues to study after reaching the age of 18, it continues to be compulsory until the end of the studies that must be meaningful. Both parents have to contribute to the nutrition of their children according to their abilities, possibilities and property conditions. On the other hand, the child has the right to participate in the standard of living of his/her parents.
Determining maintenance is based on the parent's ability to pay. Maintenance is determined by the court either by approving the parents' agreement on the fulfilling of the maintenance obligation if it is in the interests of the child or by the court's own decision.
Claims of unmarried mothers and their children against their father
The unmarried mother has the right to ask a father, even the probable, for financial means to cover the costs associated with pregnancy and maternity. If the mother and the father of the child do not agree, the contributions may be enforceable through court. In this case, it is crucial whether or not paternity has been determined.
Extra-judicial recognition of paternity / determination of paternity / court proceedings for determining paternity
Paternity is the father's relationship with the child. The father has a duty to participate in the material security, nutrition and education of the child, the formation of moral values and the development of the personality of the child.
The first presumption applies to the paternity of the mother's spouse if the child was born at the time of the marriage until the expiration of the third day following the extinction of the marriage. If the first presumption is ruled out, then paternity is determined by a parent's affidavit made to the matrimonial or district court of the child's place of residence. A third presumption occurs if the two previous ones have not been determined. A child, mother, or man who claims to be a father may propose that paternity will be determined by the court. The child must be represented in the process by a collision guardian, usually a social and legal child protection body. In the course of legal proceedings, it is necessary to prove that the man who is to be identified as a father has sexual intercourse with the mother of the child. If the child is conceived by artificial insemination, the father is considered to be the man who gave consent to the insemination.
If you are interested in more information on family law, do not hesitate to order a non-binding legal consultation.
