Establishing the fact of family relations

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Hrihorieva Anastasia

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Establishing the fact of family relations

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Establishing the fact of relatives' relations is a necessary procedure for determining the legal status of persons who are in family relations. In practice, it, first of all, becomes necessary in those cases when the person wants to accept the inheritance, but she has missing documents which confirm the fact of kinship from the testator or there is a mistake in the last name in such documents or name such a person.

In such moments, the only way out of the situation is to apply to the court with a statement to establish a fact that has legal significance. In this article, guided by legal acts, we will consider how to establish the fact of family relations in practice.

What trace considers under concepts of relatives relationship?

Family relations are defined as a blood relationship that affects the rights, obligations, and relations between relatives. An important feature of such relationships is the possibility of establishing kinship, both direct and indirect (lateral), when relatives have a common ancestor or progenitor.

However, it is important to distinguish family relations from relations between spouses. The joint-life of spouses, although important for the creation of family well-being, is not a direct basis for establishing family ties by law. Family relations arise precisely on the basis of blood ties between persons, which give rise to legal consequences (legal position of the Ukrainian Armed Forces in case No. 737/120/18 ).

How is the fact of kinship established between persons?

According to Ukrainian legislation, the fact of family relations is established by submitting an application to the court, which considers this case in a separate proceeding. The court analyzes all the circumstances, examines the evidence, and decides on the establishment of such a fact.

It is important to note that the court cannot deny a person the establishment of family relations, motivating it by the opportunity to independently apply to the relevant authorities.

What documents are required for this?

To establish the fact of family relations, it is necessary to submit an application to the court, which will contain:

  • The fact that the applicant requests to establish, as well as explain the purpose for which he needs it. It is also important to indicate what legal consequences will arise after the court establishes this fact.
  • Reasons that make it impossible for the applicant to receive documents that confirm the specified fact ;
  • Evidence that confirms the existence of the described For example, such evidence should include documents containing the applicant's autobiography; photographs showing the applicant's family affiliation; letters of a formal and personal nature; personal cases in which the fact of family relations is indicated; certificates confirming the fact of a personal residence with the applicant; written explanations of witnesses, which will provide reliable data about the relationship between the deceased and the applicant, etc.

What are the cases in which the court refuses to consider this category of cases?

The Civil Procedure Code stipulates that a judge refuses to open proceedings in a case if a legal dispute can be seen from the application to establish a fact that has legal significance. This means that the statement itself contains a contradiction or contradicts the law, and consideration of such a case requires the resolution of a legal dispute or the establishment of legal relations.

For example, if the applicant submits an application for the establishment of inheritance rights and in this application there are disputes regarding the legality of taking over the inheritance, that is, not only this person has the right to inheritance, but also someone else, then, in this case, the court refuses to open proceedings on the case.

Also, if the judge discovers that there is a dispute about the right during the consideration of the case, he leaves such a statement on the establishment of the fact without consideration.

If you need help establishing family relationships relations, then contact the "Prykhodko and Partners " law office. Our company has experience in working with various issues of family law, including the establishment of family ties, inheritance cases, and other related issues.

We provide services that include: legal consultation, preparation of necessary documents, representation in courts, and many others. Our qualified lawyers will help you in the process of establishing the fact of family relations and protect your rights and legal interests. So don't delay and ask for help!

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