Family law

Why do we need a family lawyer

Moral and ethical aspects that form the basis of relationships between family members complicate legal regulation, law enforcement and judicial practice.

The resolution of family disputes is of increased complexity for the following reasons:

  • problems of legal regulation of marriage and family relations;
  • ambiguity of judicial practice;
  • interference by non-judicial bodies with extensive competence;
  • emotional instability of the conflicting parties and other relatives involved in the dispute.

In this connection, we especially need the help of a qualified lawyer specializing in family law. He guarantees confidentiality, professionalism and tact when intervening in their family relationships.

Basic services of a family lawyer:

  • clarification of the norms of family law concerning the issues of principals;
  • preparation of joint documents (marriage contract, agreements on determining the order of communication with the child, on determining the place of residence of the child, on the division of jointly acquired property, on the amount and procedure for the payment of alimony and others);
  • working out together with the principal an algorithm of actions to defend his rights, collecting the necessary evidence;
  • representation of the interests of the principals in state, municipal and law enforcement agencies, judicial instances, as well as when communicating with other parties to the conflict.

Using the issued power of attorney, the specialist will ensure the resolution of a family dispute with minimal participation of the client. Working in courts of various levels, knowing the procedural legislation well, a family lawyer will be able to participate as effectively as possible in all court procedures, achieving a positive result for the principal.

When a family lawyer is needed

Law enforcement practice shows that the most popular is the participation of a lawyer in the consideration of any family disputes on issues related to the interests of children, both at the extrajudicial stage and in court.

Protection of the rights and interests of children

Family lawyers are needed when considering disputes on:

  • appointment of guardianship over children or their adoption;
  • establishment or deprivation of paternity/motherhood, restoration of parental rights;
  • collecting or changing the amount of alimony;
  • determining the child's place of residence after the divorce;
  • protection of the rights of a minor provided for in Chapter 11 of the Family Code of the Russian Federation, including property rights and the right to communicate with parents and other relatives.

Since the legislation provides an important role in the consideration of these disputes to the guardianship and guardianship authorities, a family lawyer is necessary to represent the interests of the principals in this institution.

In addition, he will provide invaluable assistance in collecting evidence. The ability of a family lawyer to competently make requests to the necessary authorities, organize a forensic genetic examination, and involve competent specialists from among psychologists, pediatricians, and teachers in the dispute can be a decisive argument in resolving issues related to the possibility of exercising rights by one of the parents.

By participating in the protection of the property rights of the child, the recovery of alimony for his maintenance, the family lawyer will be able to ensure more effective enforcement of legislation by bailiffs, accounting workers, specialists of banking and registration institutions, other necessary bodies and services.

Divorce and division of marital property

Disputes in the process of divorce and the division of property acquired in family life are more common in the practice of a family lawyer.

If there is a mutual desire to terminate the marriage, the former spouses may need the help of a specialist to correctly draw up an agreement on the independent division of property. Having prepared the text of the contract, the lawyer will carry out its registration with a notary and arrange subsequent registration to give the agreement legitimacy. 

Legal disputes on these issues do not go without a family lawyer. His actions may consist in mediation between the parties to the dispute in search of a compromise, finding out the validity of the reasons for the divorce, organizing a search and evaluation of the concealed property, its technical condition, arrest, participation in court sessions, preparation of the necessary documents for the court.

The professionalism of the family lawyer allows you to quickly find a compromise option for the parties and significantly reduces the time for resolving these disputes.

Invalidation of the marriage union

In order for the court to recognize a marriage as invalid, it is necessary to identify a violation at the time of registration by the spouses or one of them of the conditions established by law that allow marriage. The initiators of the process need to find and submit to the court evidence of one of the following circumstances:

  • not dissolved marriage of one of the parties;
  • violation of age restrictions;
  • concealment of the fact of venereal disease or HIV infection;
  • direct relationship between the married couple, or adoption;
  • fictitious family union;
  • non-voluntary nature of the union;
  • a mental disorder that precludes a correct understanding of what is happening.

The complexity of these disputes lies in clarifying the circumstances of a long-past event. Only a family lawyer can carry out a search and collect the necessary evidence, which, as a rule, are carefully hidden. Promptly involve law enforcement agencies in the proceedings and take measures to bring the perpetrators to justice.

Recovery of alimony by parents.

The financial assistance that the law obliges children to provide to their parents is due to their disability and need. Poverty, retirement age or disability give citizens the right to receive alimony from their children.

The ambiguity of the legislator's wording has led to ambiguous judicial practice on disputes in this category. Since, according to the law, not all children and not every parent are required to pay alimony, it is difficult for elderly people to independently understand legal conflicts.

A family lawyer will help the principal to understand whether he belongs to a legally defined category of claimants, as well as calculate the amount of financial assistance that he can claim.

Other family disputes

The services of a family lawyer are in demand when it is necessary to establish kinship. For example, to confirm the fact of family ties with the testator.

His help is irreplaceable when alimony agreements, marriage contracts and other documents providing unacceptable conditions for them are disputed by citizens.

The practice of a family lawyer is extensive, his help is needed in resolving disputes on all issues regulated by the norms of family law.

Our lawyers will be able to help you in the following cases:

  • annulment of marriage;
  • divorce and division of the spouses' property;
  • preparing or challenging an alimony agreement, a marriage contract and other documents;
  • establishing the fact of family ties;
  • any disputes concerning children (adoption, paternity, alimony, place of residence, protection of children's rights, restriction or deprivation of parents of their rights, restoration of parental rights and others);
  • collecting alimony for disabled parents.

By providing assistance, we guarantee confidentiality, professionalism and tact when intervening in family relationships.

List of basic services of a family lawyer:

  • clarification of the norms of family law relating to the subject of the dispute;
  • working out together with the principal an algorithm of actions to defend his rights, collecting the necessary evidence;
  • representation of the interests of the principals in state, municipal and law enforcement agencies, judicial instances, as well as when communicating with other parties to the conflict.

Using the issued power of attorney, we will ensure the resolution of a family dispute with your minimal participation.

We will protect your interests, protect you from unwanted communication and save you time and effort.

 

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