Head of family law practice
An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.
Case: Acceptance of a new court decision in favor of the Client by the appellate court
Lawyer: Sulyk Roman
Service: establishing the fact of living as one family
Case No. 461/2625/23
The client turned to the legal company “Prikhodko and Partners” in order to resolve the issue of establishing the fact of living in one family without registering a marriage between a man and a woman, the main request was to establish the fact of living in one family after the death of the husband in order to accept the inheritance.
After consultation and analysis of the case, our lawyers acted as representatives of the plaintiff and brought the case to a positive decision in the appellate instance.
The decision of the Halytskyi District Court of the city of Lviv in favor of the Client’s claim, in whose interests the lawyer – Sulyk Roman acted, to establish the fact of living with one family – was rejected.
Refusing to grant the Client’s claim, the court of first instance motivated its decision by the fact that the claims made by the claimant are unfounded and unproven, therefore the claim cannot be granted.
However, this decision was made in violation of procedural and substantive law, was illegal, unreasonable and limited the Client’s rights to legal protection.
Taking into account the above, the decision of the court of first instance was subject to appeal.
Since, for the Client, establishing the fact of living in the same family as husband and wife was extremely important for taking further actions to exercise her right to inheritance – the Lawyer filed an appeal taking into account all the violated rights of the Client and the requirements of the current legislation.
In the appeal and during the speech in court, the lawyer draws attention to the fact that the court of first instance did not properly examine the evidence in the case, which led to a gross violation of the Client’s rights to a fair trial.
Also, the fact of the appellant’s joint registration with the deceased husband and the existence of a joint household confirmed by evidence were not taken into account.
According to Articles 81 and 89 of the Civil Code of Ukraine, such a court decision does not meet the requirements of current legislation.
As a result of consideration of the appeal of the Appellant’s representative – lawyer Sulyk Roman and consideration in an open court session of the appeal of the decision of the court of first instance by the Lviv Court of Appeal, it was established:
- having evaluated the evidence examined in the court session in their totality, the panel of judges considers that the demands of the Appellant to establish the fact of living together as one family without registration of marriage with Person 1 in the period from 2011 to 2015 have been confirmed and are subject to satisfaction, since the specified persons lived as one family, systematically ran a joint household together, participated in joint expenses aimed at ensuring the family’s livelihood, had mutual rights and obligations, etc., which testifies to the validity of the arguments of the claim statement, the appeal and the groundlessness of the contested decision, hence the need for its cancellation.
Court of appeal:
- the decision of the court of first instance – annulled;
- the appeal of the plaintiff’s representative – lawyer Sulyk Roman – was granted in favor of the Client
- a new court decision was passed, by which the Client’s claim to establish the fact of living with one family was satisfied
- a legal fact has been established that the Client and Person 1 (deceased) lived in the same family as husband and wife, without marriage registration in the period from 2011 to 2015.
As a result of this cooperation, the Client received not only the achievement of his ultimate goal but also confidence in high-quality and professional legal support.
Therefore, if the decision of the court of first instance is not in your favor and violates your rights and interests, the above situation proves the fact that with the help of quality legal assistance provided by a qualified lawyer and conscientious protection of the rights and interests of the Client, everyone has the right to a fair, impartial and timely consideration and resolution of cases.
Lawyers and attorneys of the legal company “Prikhodko and partners” can provide you with full turnkey legal support and help you solve your situation, taking into account the current legislation of Ukraine, in the shortest time provided by the law.
Telegram
Viber
WhatsApp
Facebook
Instagram