Family disputes and court cases: when should you contact “DE-JURE”?

Family disputes are conflicts between spouses, parents and children, or other relatives that require legal resolution. They include issues of custody, alimony, property, and divorce.

Family disputes are one of the most common in legal practice. Divorce and the award of alimony are often associated with difficulties. Legal assistance in civil and family matters becomes indispensable if you need to protect your interests in the event of a divorce.

What cases are classified as family litigation?

Family legal relations cover a wide range of issues related to marriage and parental responsibilities. Litigation within the framework of the Family Code may include the following aspects:

• division of property upon divorce;
• issues relating to children – establishing paternity, deprivation of parental rights, the child’s departure abroad;
• collection of alimony;
• registration of divorce;
• recognition of marriage or divorce decision as invalid;
• establishment of the fact of marital relations, which makes it possible to initiate the division of property, as in a normal marriage.

Not all family conflicts require judicial review. If the parties reach an agreement, many issues can be resolved amicably by concluding a contract. However, if there is a clear conflict between the parties, the final decision is made by the court based on the statement of claim.

What role does a lawyer play in family disputes?

A lawyer in civil and family cases performs several key functions. First of all, he provides the client with qualified advice, analyzes his situation, explains his rights and possible ways to solve the problem. This helps the client make an informed decision: to go to court or try to resolve the conflict peacefully.

If the dispute goes to court, the lawyer accompanies the client at all stages of the process. Prepares statements of claim, responds to procedural documents, represents the client’s interests in court. It is also possible to support the defendant in court cases with the subsequent execution of the court decision.

It is important to contact a lawyer who specializes in family disputes, has experience working with similar cases and is well-versed in current judicial practice.

Filing a divorce through the court in the presence and absence of children

If the spouses do not have minor children and there are no disputes regarding the dissolution of the marriage, you can file an application with the Civil Registry Office. Then the divorce is filed quite simply.

However, if the couple has children, divorce through the court becomes a mandatory procedure. When the former spouses have consent to the divorce and an understanding of who the children will live with, you can conclude a notarial agreement on the procedure for maintaining children. In this case, the court considers the case in a simplified manner. To file a lawsuit with the court, you must prepare the following documents:

• application for dissolution of marriage;
• marriage certificate;
• birth certificates of children;
• an agreement confirming the arrangements for maintaining children (if any).

If there is no agreement between the spouses regarding the divorce or the procedure for further raising children, the legal process will be more complicated. The court must examine the circumstances of the case, determine who the children will stay with, as well as determine the procedure for communication between each parent and the child and establish the amount of alimony.

Division of jointly acquired property through the court

Jointly acquired property includes real estate, cars, cash, securities, business assets and intellectual property acquired during marriage. If it is not possible to divide the property amicably, the court determines the order of division, taking into account the contribution of each spouse, the presence of children and other circumstances.

In complex cases, for example, when dividing a business or assets of particular value, a professional legal approach is required. Legal proceedings for the division of property can be delayed if not properly prepared. A lawyer for the division of property helps to properly prepare documents, argue the client’s position and protect his interests in court.

In some cases, the division of property through the court is a more profitable and optimal option than registration through a notary. For example, when dividing intellectual property or a business, there are nuances that are better to deal with together with a lawyer. The lawyer accompanies the case in court, which usually ends with the signing of a settlement agreement.

Marriage annulment

Despite all the formalities and verification of documents during registration, a marriage may be declared invalid. This is possible if key legal norms were violated during its conclusion. Understanding such situations is important both for protecting one’s rights and for avoiding possible legal consequences.

Marriage annulment is a rare legal procedure carried out through the court. The grounds for declaring a marriage invalid are strictly limited by law, and include:

• the presence of an undissolved marriage at the time of entering into a new marriage;
• the incapacity of one of the spouses at the time of marriage registration;
• the marriage was concluded by a person who had not reached marriageable age;
• the marriage was concluded between relatives in the direct line of kinship.

In 95% of cases, such circumstances are impossible, as they are checked by the Civil Registry Office during marriage registration. However, there are situations when one of the spouses is a foreigner and hides his marriage, concluded in another country, or the official authorities do not have complete information about the person’s legal capacity.

There are situations when a couple files a divorce application with the Civil Registry Office and after some time changes their mind. Then you can file another application to declare the divorce invalid. But if the divorce was through the court, only the court can annul it.

Limitation or Deprivation of Parental Rights

Deprivation of parental rights is a serious legal measure used in exceptional cases. It can be initiated if one of the parents systematically fails to fulfill his or her duties, ignores the child, treats the child cruelly, or has committed a crime against the child. Even after the deprivation of parental rights, the obligation to pay alimony remains. Limitation of parental rights is a less severe measure used in cases where the child is in an unreliable family. The limitation can be temporary, but can also develop into deprivation of parental rights.

Establishing and contesting paternity or maternity

Establishing paternity is usually not controversial, since the fact of the birth of a child by a certain woman is obvious. Disputes regarding the establishment of paternity are much more common and arise in the following cases:

• a man who considered himself the father discovers the opposite and wants to contest the entry in the documents;
• an unmarried mother wants to officially establish the paternity of the biological father of the child, which gives the right to alimony and some other property rights;
• the mother registered the child in her name, there is no information about the father in the documents, but the biological father wants to obtain legal rights to the child.

In establishing paternity and maternity, the key evidence is DNA testing, the results of which confirm or refute the fact of biological kinship up to 99.9%.

Determining the amount and procedure for paying alimony

If the parties have reached an agreement, alimony can be notarized, fixing the amount and payment terms in the contract. If there is no agreement, then the issue of alimony is resolved through the court. There are two main ways to calculate alimony: a fixed amount and a percentage of the payer’s income. The minimum amount of alimony in Ukraine is established by law and is not less than 50% of the subsistence minimum for a child. However, if the payer has high income, the plaintiff may demand an increase in the amount of alimony payments. And in this case, it is better to seek help from a lawyer.

It is also advisable to hire a family lawyer if the payer is not officially employed or hides his income. In such cases, the lawyer helps determine the payer’s real financial capabilities, involving additional evidence in the case. It is quite difficult to collect alimony from sailors, because they do not have an official income. In such cases, lawyers can contact the crewing company with which the seafarer concluded contracts with the specified salary, and also initiate the procedure through the Ministry of Justice to request data on the seafarer’s salary directly from the employer’s company.

There is also the possibility of terminating the obligation to pay alimony by transferring real estate or other valuable property to the child. This option is possible with the mutual consent of the parties and is formalized by an appropriate agreement.

Legal disputes about a child’s travel abroad

Usually, permission for a child to travel abroad is issued through a notary. If one of the parents does not agree to the trip, you can go to court. The court takes into account the following interests of the child:

• need for treatment abroad;
• participation in competitions;
• educational programs.

The court analyzes the arguments of the parties and makes a decision based on the best conditions for the child. If the court approves the trip, the parent who prevents the trip cannot appeal the decision. Permission is also not required if the parent who does not agree to the trip has arrears in alimony.

We remind you that in martial law, simplified rules apply, and permission for a child to travel abroad is not required if the child is traveling with his mother or father. However, if the child is traveling with a relative or guardian, then the permission of the parents is required even during wartime. In this case, the father can appeal the trip and initiate the procedure for the child’s return.

How does judicial practice affect family disputes?

Judicial practice in family disputes allows for a fair and optimal solution for both spouses if they cannot reach an agreement between themselves.

What to do if one of the parties evades the execution of the court decision?

If one of the parties ignores the court decision, you can contact the enforcement service, which ensures its enforcement. For example, in the event of non-payment of alimony, compulsory collection is carried out through enforcement proceedings, including the seizure of the debtor’s accounts and property. If it is a question of the procedure for communicating with a child, the enforcement service can also intervene. The state provides mechanisms for enforcement, but in difficult situations it is better to contact a lawyer to protect your rights.

How to appeal a decision in family cases?

If a party does not agree with the court decision, an appeal can be filed with a higher court. In some cases, cassation (verification of the court decision and its revision) is possible, but it is used less often.