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Establishing a legal fact in court in accordance with Ukrainian legislation

A legal fact is a fundamental concept in the field of law, and its proper establishment is essential to justice and law and order.

Ukrainian legislation provides for a special procedure for establishing a legal fact in court proceedings.

This article examines the main aspects of this process and its importance in ensuring justice.

In family law, there are various legal facts that can be established in court.

Below is a list of some of them and a brief description of how they can be installed:

  • The fact of marriage or divorce: Establishing the fact of marriage can be done through the marriage registration record, as well as through the testimony of the spouses themselves and witnesses. The fact of divorce can be established through a court decision on divorce.
  • Fact of birth: Establishing the fact of birth can be done through information certified in medical documents or birth registration acts.
  • The fact of adoption: The fact of adoption can be established through registration records, as well as through a judicial act of adoption.
  • Facts about the existence and amount of alimony: Establishing the facts about the existence and amount of alimony can be done through a judicial process, where the parties present testimony and evidence regarding their financial status and needs.
  • Fact of domestic violence: Establishing the fact of domestic violence may require testimony from the victim, and witnesses, as well as evidence of injuries or other consequences of the violence.
  • Facts about custody and care of minors: Establishing the facts of custody and care can happen through a court process, which determines which person is responsible for the care and upbringing of a minor.
  • The fact of the existence of joint property of the spouses: Establishing the fact of the existence of joint property of the spouses can occur through a judicial process, where the amount and ownership of the property are determined.
  • Facts of violation of the rights of the child: Establishing the fact of violation of the rights of the child may require evidence and testimony regarding non-compliance with legal norms in relation to the child.

Various methods and procedures may be used to establish these legal facts in family law, including documentary evidence, personal testimony, expert opinions, court proceedings, and others.

It is important that the entire establishment process is carried out in accordance with the law and with respect for the rights of the parties, especially in cases where it may affect the rights and interests of children and families.

Seeking advice from a lawyer or an attorney in family matters can be very important and appropriate for numerous reasons:

Lawyers and advocates have a deeper understanding of family law and its complexities.

They can provide you with information on current regulations and case law relevant to your particular case.

Also, a lawyer can help you evaluate the situation from a legal point of view and determine the possible consequences of the decisions you make. They can identify potential risks and ways to avoid them.

If your case may end up in court, a lawyer or attorney can prepare you for the process by helping you gather the necessary evidence, prepare statements and answers, and represent you in court.
A lawyer or advocate will work to protect your interests, helping you achieve the best possible result under the law and help you understand your rights and obligations in family matters and discover the best way to protect or fulfill them.

Your personal data and privacy will always be protected by a lawyer or advocate, allowing you to feel comfortable and confident when discussing family matters.
Contacting a lawyer or advocate can be particularly helpful in complex family situations such as divorce, adoption, and probate, and in situations where conflicts and disagreements with the law may arise.

Lawyers and attorneys of the legal company Prykhodko and partners can provide you with the necessary support and guide you on the way to achieving a legal and fair result.

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