Family disputes – a conflict arising between spouses under family law and regulated by the Family and the Civil Code of Ukraine.
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According to the Family Code of Ukraine, the rules of family law governing property and non-property relations of persons who are legally married, establish rights and obligations of marriage, kinship characterize spouses and children. Disputes family matters may arise as divorce and independently of it.
- apostille visa documents for marriage.
Pre-trial settlement of family disputes.
First of all, our experts will try to solve your problem through negotiations and find a compromise. Any family dispute may be settled by the parties reach agreement by agreement (agreement on division of property, alimony payment agreement, agreement on the procedure to the child). If it is impossible to solve the problem of your family peacefully party may apply to the court, and only with proper judicial selection strategy, analyzing the situation and compelling arguments set out in the petition, quality legal representation of interests – you can expect a judgment in your favor.
Section of joint property of spouses.
The debate on the division of joint property are considered one of the most common cases involving family law. The law provides for the division of property three years after the divorce, but it is quite difficult to divide the property of the former half. It is necessary to determine which property is to be distributed – it’s real or personal property, vehicles, shares in the business, bank deposits, property rights, another luxury property.
There are many seemingly minor but very significant in material terms nuances that the division of property in a position to consider only a lawyer who has experience in doing this type of business. If you need to divide the property acquired in marriage – a lawyer in family disputes our company will help you! Qualified lawyers can effectively solve all your issues concerning the division of property.
Termination of parental rights.
Termination of parental rights so important that if deprivation have parental rights under any mother or father lose all rights in relation to the child. Termination of parental rights – is the maximum degree of responsibility for parents who are not properly fulfill their parental obligations to the child! At the same time, a person is deprived of parental rights is not released from the obligation to maintain the child. Along with the deprivation of parental rights, the court may at the request of the claimant or on its own initiative, decide on the recovery of maintenance for the child. In addition, children inherit the property left after their death and the death of relatives in this line in the manner prescribed by law.
Unscrupulous father, by contrast, lose all property and other rights based on a relationship with the child.
He can not claim:
- uchast in the upbringing of the child;
- otrymannya wealth;
- otrymannya allowances and benefits;
- vstup inheritance after the death of the child, if the property was left to him by will;
- vtrachaye other rights based on the relationship with the child.
Collecting child support.
The current legislation of Ukraine provides two options for the payment of child support. The first option is in accordance with the agreement of the parties – the father and mother, that child support paid on a voluntary basis, on the basis of agreements. The second option, when alimony is made in court. Funds for child support (alimony) awarded a share of the income of her mother, father, and (or) a fixed cash amount. Alimony is awarded (and later charged) on the day pre “appearing in legal action. If the former spouse does not pay child support marriage and do not provide financial aid (or at divorce husband verbally promised to help, but not provided) in court the order may determine that people are not paying child support in the past and for a certain period to recover this amount.
In case of debt due to the fault of the person obliged to pay alimony by the court, the maintenance creditor is entitled to a penalty (fine) in the amount of one percent of the amount of unpaid child support for each day of delay.
Unilateral change in the terms of the marriage contract.
A request for modification or cancellation of the marriage contract can be claimed by one spouse to the court only after the failure of another spouse on a proposal to modify or terminate the marriage contract or for non-response within the period specified in the offer or established in law.
The couple has the right to refuse the marriage contract. In this case, at the option of marriage, the rights and obligations established by the marriage contract are terminated after its conclusion or on the day of the notary application to abandon it.
At the request of one of the spouses marriage contract can be terminated by the court on grounds that are essential, especially if you can not implement it.
Marriage contract at the request of a spouse or other person whose rights and interests affected by this agreement may be found invalid by a court on the grounds established by the Civil Code of Ukraine.
There are reasons that allow you to challenge the validity of the marriage contract in court:
- if the marriage contract is concluded with a person who is not able to understand the significance of their actions, although they are capable;
- a marriage contract can be invalidated if a man sued and had violated his rights and interests;
- if the marriage contract was signed in a position error, which is essential;
- if the marriage contract is concluded under the influence of fraud, violence or threats in an extremely unfavorable conditions. A marriage contract can be invalidated at the suit of the victim;
- if the marriage contract is concluded with a person who is incapacitated;
other grounds prescribed by law.
The marriage contract declared invalid by a court, does not entail legal consequences, ie creates rights and responsibilities of spouses under such contract after its conclusion, except for the effects related to the invalidity of the marriage contract.
If you dispute arose family and you need legal advice, contact us for help. Our attorneys represent your interests in court, guardianship authority and other government agencies.