Family Law and Divorce

Marriage is one of the most important moments of human life, but joy can interrupted by legal concerns - entrust them to us. We advise on marriage and divorce issues, we can help you resolve property adjustment, maintenance payments for the children and other issues.

If you believe that your rights are violated, do not hesitate to contact us! We are working on documents, advising and representing our clients on:

  • Pre-marital and post-marital contracts
  • Living together of persons not legally married (cohabitation)
  • Divorce
    • Separation
    • Divorce (by the mutual consent, on the application of one of the spouses, on the basis of the fault of one or both of the spouses)
  • Legal ramifications of divorce
    • Determination of the residence of the minor aged children
    • Maintenance order and change of the amounts of the maintenance payment
    • Compensation for compensatory and moral damages
  • Property adjustment
    • without divorcing
    • after the divorce
  • Paternity affiliation and contesting paternity
  • Maintenance orders
    • for underage children
    • for full-time students not older than 24 years of age
    • for parents
  • Settlement agreements
     

Forms of divorce

Divorce by the mutual consent

A marriage on the basis of mutual consent can be terminated if:

  1. More than a year has elapsed from the commencement of the marriage,
  2. both the spouses have full legal capacity and
  3. the spouses have made a contract in respect of the property adjustment, determination of the residence, care for and upbringing of the minor children, maintenance payments for the children and mutual maintenance, and surnames of former spouses.

Divorce on the application of one of the spouses

A marriage on the basis of application of one of the spouses can be terminated if at least one of the following conditions is satisfied:

  1. spouses have been separated for over a year;
  2. after the concluding of the marriage one of the spouses has been legally incapacitated by the court;
  3. one of the spouses has been declared as missing by the court;
  4. one of the spouses has been serving a term of imprisonment for over a year for the commission of a non-premeditated crime.
     

Divorce due to the fault of one or both of the spouses

A spouse may apply for a divorce on the grounds of the fault of one of the spouses if marriage has failed due to the fault of the other spouse. Fault of the spouse is acknowledged is if he or she has seriously breached the duties set out in the Civil Code (loyalty, mutual respect, moral and financial support, comprehensive care for children and family, etc.) and, therefore, the matrimonial life has become impossible.

It is presumed that (the stating party does not need to present any additional evidence) that the marriage has failed due to the fault of the other spouse if he/she:

  • has been convicted of a pre-meditated crime or
  • has committed adultery, or
  • acted violently towards the other spouse or the other members of the family, or
  • has deserted the family and has not been caring for it for over a year.

 

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