The firm handles all types of family cases, including:
divorce and separation cases,
determining parental authority over a joint minor child,
deprivation or limitation of parental authority,
concerning the regulation of contact with children,
establishing maintenance for a child or a spouse, or in special cases for another family member,
relating to agreements regulating the property regime,
on the division of joint property.
PCT. 1. DIVORCES
The range of services provided by the Law Office includes, among others:
drafting divorce petitions and other pleadings, including appeals against decisions in the case,
representation of parties in divorce proceedings before the courts of both instances,
participation in mediation and negotiation of the case,
provision of legal advice and consultation.
Divorce may be pronounced when there has been a complete and permanent dissolution of matrimonial life, i.e. there is no longer an emotional, physical and economic bond between the spouses. If the indicated grounds are not proven, the court will dismiss the petition for divorce and the marriage will continue. However, even if the statutory grounds for dissolution of marriage are met, the court will not pronounce a divorce if it would be against the welfare of minor children of the parties or if the principles of social co-existence speak against it. In a divorce judgment, the court also decides on fault in the dissolution of marriage, which has serious implications also from a legal point of view, as a spouse found guilty may be charged with the obligation to pay maintenance to the other spouse, even if the other spouse is in a good financial situation. Another consequence of a finding of fault is the possible failure to grant a divorce. If only one spouse is found guilty and he or she applies for divorce, and the other spouse does not agree to the divorce, the court will not dissolve the marriage unless there are special grounds in the case.
When deciding on the dissolution of marriage, the court also regulates the situation of the parties' minor children by deciding on parental authority, maintenance and contact with the parents. The court may also regulate the use of the common property of the parties and even, in exceptional circumstances, order the eviction of one of the spouses. It is also possible to include in the judgment a request for the division of joint property.
POINT 2. SEPARATION
If there has been a complete breakdown of marital relations but the spouses do not wish to divorce, they may request a separation. Its effects are the same as those of divorce with the difference that during separation a new marriage cannot be concluded. As a result of separation, matrimonial community of property ceases and a child born during separation will not be recognised as a child of the mother's husband. The effect of a declaration of separation is also the inability to claim a reserved share from a deceased spouse and exclusion from the statutory circle of inheritance.
If the relationship between the separated spouses improves, at their unanimous request, the Court shall, by way of non-court procedure, annul the separation, thereby terminating its effects.
POINT 3. MAINTENANCE
The maintenance obligation is the duty to provide current means of subsistence to persons who cannot support themselves. This obligation does not only apply to parents and children. Maintenance may be claimed by a child from the father, mother or both parents, but also by a grandchild from a grandparent and a grandparent from a grandchild or by siblings (including step-siblings). Alimony can be paid by a separated spouse to the other spouse, but also by one ex-spouse to the other if he or she has been found guilty of marital breakdown.
The amount of alimony most often, but not always, depends on legitimate needs on the one hand and earning capacity and assets on the other. In addition, the standard of living of the parties concerned is taken into account. The judgment determining the amount of alimony may be subject to change. If there is a change in circumstances after the judgment, for example if the child's needs increase, an increase or a reduction or a total cancellation of maintenance may be requested.
POINT 4. DIVISION OF PROPERTY
Divorce results in the cessation of community of property and generally leads to the division of joint property. In principle, the division should be equal, but sometimes a share greater than that of the other spouse can be claimed. The division of property can take place during the divorce case, but only if the spouses have a ready, jointly agreed plan of division and make a joint, consensual request. In practice, such situations are very rare. In order to divide property after the cessation of marital community, it is necessary to make a separate application to the court, already after the divorce judgment has become final.