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Family law matters

Our Office offers its services in the following main categories

Divorce proceedings

Our Office has years of professional experience on the field of divorce cases and other related matters.

The court shall dissolve the marriage at the request of either of the spouses, in the event of failure of the marriage due to irreconcilable differences. The marriage shall be considered to have failed if the relationship of the spouses has been terminated and there is no reasonable expectation of reconciliation judging from the events that led to failure of the common life of the couple, or based on the length of their separation.

Upon request, we are able to help our Clients to a lawful divorce.

The court shall dissolve the marriage irrespective of whether the failure is examined and proven, if so requested by the spouses based on their mutual agreement reached without undue influence reflecting their final intent.

In such a case, the parties (spouses) need to reach agreement in the following:

§ parental custody over their common child, including visitation rights between the separated parent and the child,

§ the maintenance of the child,

§ use of the spousal common home,

§ spousal support where applicable,

and request that the court to acknowledge their settlement agreement.

Our Office is at your service in case you wish to divorce with a settlement agreement.

Parental custody, visitation rights, alimony

The family law regulations generally prioritize the interests of the child.

We would like to call attention to the fact that unless otherwise provided for in an agreement between the parents, or by decision of the guardian authority or the court, parental custody shall be exercised by the parents jointly, even if they are separated.

If the parents are living separate, they may agree to delegate the right of custody to one of them. In a matrimonial claim or in an action brought in connection with the exercise of certain rights of custody, the court shall sustain the parents’ agreement, or shall pass judgment thereof. The court may delegate certain rights upon the parent living separate from the child in connection with caring for and the upbringing of the child, or may restrict or withdraw certain rights on making decisions in terms of major issues relating to the child’s well-being.

According to the law, visitation of the child is not only a right, but an obligation of the parent living separate. The child has the right to maintain on a regular basis a personal relationship and direct contact with their parent living separate and apart. The parent or other person raising the child shall ensure that the right to maintain personal relationship can be exercised undisturbed. In a matrimonial suit or in an action brought in connection with the exercise of certain rights of custody the parents may reach an agreement relating to visitation rights; in the absence thereof the court shall decide about visitation rights. If there is no matrimonial suit or action in connection with the exercise of certain rights of custody in progress, in the absence of the parents agreement on visitation rights the decision lies with the guardian authority. The parties concerned and the child of sound mind shall be heard before such decision is made.

According to the general rules of maintenance of relatives, only those with capable financial status may be obliged to maintain their relatives. However, in case of parents, and especially parents with underage children, the regulations are stricter. Providing support for minor children shall precede the parent’s own maintenance. As regards the amount of child support and the means of payment shall in principle be governed by the agreement of the parents. By agreement of the parents, the parent living separate and apart from their child shall meet their maintenance obligation by providing assets of kind value or in a lump-sum payment. In the absence of an agreement between the parents, the court shall decide upon the amount of child support.

Our office has years of professional experience on the field of child support. Our lawyers are at your service regarding child support cases. Requesting professional legal help can save you and your children a lot of time, expenses and distress. We may assist you in all cases regarding parental custody, child support, visitation and any other related issues. Our office provides its services in the field of drafting agreements on child support and visitation as well. In the event that no agreement may be reached, our Office provides its services in court proceedings as well.

Spousal support, use of the spouses common home

 We are at your service if you need help from professional attorneys-at-law with years of experience on the field of spousal support. Following the termination of matrimonial relationship, either spouse shall be entitled to demand maintenance from their spouse, or ex-spouse in the case of divorce, if unable to support him/herself for reasons beyond their control. In practice, the claim for spousal support is generally lawful, but in certain cases unlawful abuse of the right is performed, claiming spousal support even when it is not due.

Common home of the spouses means a dwelling in which the spouses live together and which is owned by either or both them, or in which either or both spouses have tenancy or lease rights. The parties to the marriage or the spouses may make prior arrangements for the use of the common home of the spouses for the dissolution of the marriage or the termination of matrimonial relationship.

Did you know? The spouse required to vacate the home under contract or by court order shall be entitled to lay claim for compensation in the monetary value of their right of use.

Our office is at your service if you need professional assistance with any cases regarding your matrimonial common home.

Distribution of assets

The spouses may settle their financial relations with a (pre)nuptial agreement. In the absence of such or unless the agreement states otherwise, by law, the regime of matrimonial property regime shall apply for all the properties acquired by the spouses.

According to the law, if community of property is terminated either spouse may request the division of community property. The division of community property is possible in two ways: by court, or by an agreement between parties.

Did you know? The court may dissolve community of property even during or after the matrimonial relationship. The spouses also have the right to conclude a pre-nuptial, hence prior to marriage agreement.

Did you know? The parties may agree upon other property regimes, like the joint marital property acquisition regime and the separation-of-property system.

It is important to note that a marriage contract shall be considered valid if executed in an authentic instrument or in a private document countersigned by an attorney. Our office is ready to draft and countersign the marriage contract, so you don’t need to see a notary public.

If the spouses have not concluded a nuptial agreement or if such does not regulate the division of all properties in the event of the termination of the marriage, the court shall – upon request of any of the parties – decide on any and all unsettled claims.

Legal aspects of civil partnerships

Our Office helps resolve any disputes in the event of a termination of civil partnership, and also offers its services on the field of maintenance obligations in civil partnerships, custody of children and property issues between civil partners.

Following the termination of civil partnership, either partner shall be entitled to demand maintenance from their partner if unable to support themselves for reasons beyond their control, if their civil partnership existed for at least one year and it produced a child. Former partners shall be entitled to maintenance in line with a separated or former spouse. We also offer professional expertise on the field of rights to property use either based on contract or settled before the court. We also have experience on more particular legal fields, like the entitlement of either spouse/partner for use of a home occupied under the exclusive legal title of the other spouse/partner.

Presumption of paternity

Contact our Office if the establishment or challenging of the paternal legal status becomes necessary. We provide assistance to any procedural party of both the establishment and the challenge procedure. The presumption of paternity may be challenged by the presumed father, the mother, the child, or by the descendants of the child after their passing.

Guardianship

A minor who is not under parental supervision shall be placed under guardianship, thus the close relative of a minor child and the person who provides for the child shall forthwith notify the guardian authority if a guardian has to be appointed for the minor. We provide assistance with keeping contact with the guardian authority ad throughout the whole process of guardianship so you may attend to the child.

 

As this brief summary presents, in all areas of family law matters feel free to contact our Office, as we are dedicated to assist you.

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