In family law matters, our office provides the following services to our clients:
1. Representation in Divorce Proceedings
In matters of separation and ancillary issues, our office has many years of expertise and routine in providing legal representation. The court will dissolve the marriage at the request of either party if it has completely and irreparably broken down. The fact of the breakdown can be established particularly if the shared life has ceased between the parties and there is no prospect of its restoration.
If our client wishes to dissolve their marriage, we help with its lawful execution.
The dissolution of a marriage is possible without disclosing the reasons that led to the breakdown of the marriage if the parties jointly request it based on their final decision and uninfluenced agreement.
In this case, the parties must agree on:
§ the exercise of custody over the common child,
§ contact between the separated parent and the child,
§ child support,
§ the use of the marital home, and – if there is a claim for it –
§ spousal support,
§ and they must request the court to approve their in-court settlement with an order.
Our office is ready to assist you in drafting the agreement if you wish to dissolve the marriage by mutual consent.
2. Exercise of Parental Rights, Contact, Child Support
Regarding family law regulations, it can be observed that they aim to prioritize the interests of the child.
We draw your attention to the fact that, unless otherwise agreed by them or ordered by the guardianship authority or court, parents exercise parental rights jointly even if they no longer live together.
However, separated parents may also agree that one of them exercises parental rights. In a case for regulating marriage or parental rights, the court will approve the parents' settlement upon their joint request, or in the absence of an agreement, it will rule with a judgment. The court may also authorize a parent living separately from their child to perform certain tasks related to the child's care and upbringing, but it may also restrict or withdraw the right to make decisions.
Based on the relevant laws, contact is not only a right but also an obligation for the separated parent. At the same time, the child has the right to maintain a personal and direct relationship with their separated parent. The parent raising the child or another person is obligated to ensure undisturbed contact. In a case concerning marriage or parental rights, parents can reach an anagreement on contact; in the absence of an agreement, the court will decide. If there is no ongoing case concerning marriage or parental rights, the guardianship authority will decide on contact in the absence of an agreement between the parents. Before a decision is made, the interested parties and the child, if of sound judgment, must be heard.
Based on the general rules for maintenance, a person who is financially able to do so can be obligated to provide support. However, stricter rules apply to a parent with a minor child. A parent is obligated to support their child even by limiting their own maintenance and needs. The amount and method of payment for child support are primarily governed by the parents' agreement. The parents may also agree that the parent living separately from their child fulfills their support obligation by providing a one-time payment of an asset or a sum of money. If the parents do not agree on child support, the court will decide. Our office has extensive experience in resolving child support cases, and we are ready to assist you in resolving your case of this nature.
You can save yourself and your child from many inconveniences by using our service and entering into a comprehensive agreement on all matters of parental rights. Our office is ready to assist you in drafting the agreement, and if a lawsuit were to arise, we undertake to represent your interests with experience and determination.
3. Spousal Support, Use of Marital Home
We are at our clients' disposal if they are looking for a reliable and highly experienced attorney to handle their spousal support case. A person who is unable to support themselves through no fault of their own **may claim support** from their spouse after the cessation of their shared marital life, or from their ex-spouse after the dissolution of their marriage. In practice, a claim for spousal support is often justified, but in many cases, it is an abusive claim that the requesting party is not genuinely entitled to.
A "marital home" is a residence where spouses live together based on the ownership, usufruct, or leasehold right of one or both of them. In the event of the cessation of their shared marital life, it is possible for the betrothed or spouses to regulate the use of the shared home by contract and also to reach an agreement on this after the shared life has ended.
§Did you know? A spouse who is obligated to vacate the residence by contract or a court decision may claim compensation corresponding to the monetary value of their previous right of use.
Our office is ready to assist you, whether it is about arranging the use of a home inhabited based on a joint title or the exclusive title of one spouse.
4. Division of Assets
The use of pre-nupt or division of marital property agreement provides an opportunity to regulate the spouses' financial affairs. In its absence, or if the agreement does not provide otherwise, a "marital joint property", or so-called statutory property regime, exists between the spouses during the duration of their shared marital life.
According to the law, upon the termination of joint property, either spouse may request the **division of joint assets**. The division of assets can be done in two ways: by a court or through a contract concluded by the parties.
§ Did you know? The division of marital joint property by a court may take place both during the existence of the shared life and after its end, and both betrothed and married couples may enter into a pre-nupt agreement.
§ Did you know? Among other things, the parties may agree on a "system of joint acquisition or a system of asset separation".
It is important that the contract is valid only if it is in the form of a public deed or a private document countersigned by an attorney. Our office undertakes the drafting of the contract and its countersigning.
If such a contract has not been created between the spouses, or if it does not cover all claims related to the termination of the community property, either spouse may request the court to divide the marital joint assets and rule on the unresolved claims.
5. Settlement of Cohabitation
Our office also provides assistance in cases of the termination of cohabitation for **the settlement of the partners' housing arrangements, partner support, the placement of a common child, and the settlement of financial affairs.**
If the cohabitation lasted for at least one year and a child was born from it, the party who is unable to support themselves through no fault of their own is also entitled to support, on par with a former spouse. We provide our clients with adequate experience in regulating housing use, based on a contract or before a court, even in complex legal situations, such as authorizing one cohabitant to use a home based on the exclusive title of the other cohabitant.
6. Presumption of Paternity
If the establishment or challenge of the paternal status becomes necessary, feel free to contact our office. We provide assistance to any participant in both the establishment and challenge procedures. The presumption of paternity can be challenged by the presumed father, the mother, the child, or their descendant after the child's death.
7. Guardianship
A minor who is not under parental supervision is subject to guardianship. Consequently, a close relative of the minor child and the person in whose care the child lives are obligated to report to the guardianship authority without delay if a guardian needs to be appointed for the minor. We provide assistance in communicating with the guardianship authority and in the entire process of appointing a guardian, so you can focus on the child.
