The Law Firm also helps in matters related to family law. We run cases about:
– parental responsibility;
– the division of property of the spouses.
Divorce is the dissolution of a marriage contracted in accordance with family law. Judicial proceedings are required to obtain a divorce. During the divorce case, the court examines whether there is a lasting and complete breakdown of the marriage relationship between the spouses. In practice, we can speak of a complete breakdown of marriage if three types of relationship cease to exist between spouses. It is about emotional bond, physical bond and economic bond. In a situation where one or even two of these relationships are lost between spouses, one cannot speak of a complete breakdown of marriage, because at least one of the relationships still exists. Emotional bond are feelings connecting spouses. Marriage is a physical bond. Joint economic management, mainly financial, is an economic bond. To initiate a divorce case, you must apply to the appropriate district court for divorce.
The law provides for the possibility of a divorce court ruling without guilty, on the fault of both spouses and on the sole fault of one of the spouses. The consent of both spouses is required for a divorce decree without a declaration of guilt.
If there is a complete breakdown of marriage between the spouses, each of the spouses may bring a lawsuit for separation. The difference between separation and divorce is that, in the event of separation before a court, it must only be shown that the relationship between the spouses has completely broken down, i.e. the physical, emotional and economic bond has been broken. You don’t have to prove that your breakdown is permanent. A separation petition is sought if the spouses still see hope of maintaining their marriage. In the same way as in the case of divorce, in the case of legal separation it is decided which of the spouses is guilty of the breakdown of life, or at the joint request of the parties the court decides to separate without ruling on guilt. Separation has the same effects as divorce, but the spouse is separated cannot enter into a new marriage.
As a result of the separation decision, as in the case of divorce, the property regime between the spouses ceases.
Spouses remaining in legal separation may, upon a joint application, request a court decision to abolish the separation, if the marriage can be restored. They can also apply for a divorce if they no longer see the chance of saving the marriage.
Alimony is a legal institution consisting in the obligation of a person to provide financial support to a spouse before or after marriage separation or divorce (so-called alimony for a wife or alimony for a husband) and for services necessary to maintain relatives in a straight line (alimony for children, grandchildren, parents, grandparents etc.). In addition, maintenance may be granted to siblings.
Each parent is obliged to support their children. The limits of this obligation constitute the justified needs of the child on the one hand, and the material and financial possibilities of the person obliged to pay maintenance. The key issue here is the amount of funds needed for the child’s maintenance and proper development. It is not only about providing the child with such basic things as: food, place of residence, medical care or education. It is also reasonable that the child could, for example, develop their passions by attending additional activities, which are often paid, or going to language or sports camps. The child’s needs in terms of holiday or winter trips, going to the cinema, theater or meeting with peers are also taken into account. When determining the amount of maintenance, the parent’s earning potential is important. The parent whose income is higher may be charged by the court with a higher maintenance obligation than the person whose income is less.
After divorce (or separation), the spouse is in need of maintenance. This means a very difficult material situation, not just a simple deterioration of this situation. However, this entitlement does not apply to a spouse found solely guilty of the breakdown of a marriage. In addition, a spouse found solely guilty of the breakdown of life is obliged to provide the other spouse with livelihood, even if the spouse is not in need, but it is enough that as a result of divorce his material situation has deteriorated significantly.
It is also possible to obtain maintenance from siblings or children for parents or further ascendants.
DISTRIBUTION OF PROPERTY AFTER Divorce
A final divorce decree or legal separation results in the termination of marital joint property. This means that from the date on which the court judgment became final, the spouses become co-owners of the assets of which they were owners on the basis of matrimonial marriage. In most cases, the spouses immediately want to divide the property so that everyone can live entirely on their own. The law allows for the division of property by a court already in a divorce decree.
Division of property after divorce can be carried out outside the court by settlement of the spouses or in court proceedings. It is first necessary to determine what is included in the joint property. Pursuant to the provisions, the property of the spouses includes all items acquired during marriage by both spouses, as well as by one of them: real estate (e.g. apartment, plot, house), movable property (e.g. cars, home appliances), remuneration for work and income from other gainful activities, income from joint property and personal property of each of the spouses (e.g. rent of premises, interest on bank deposits), funds accumulated on the account of each pension fund and the amount of contributions registered in the Social Insurance Institution. However, the joint property does not include: things acquired before marriage (e.g. if one of the spouses was the homeowner before marriage, the house is personal property), items obtained by inheritance or donation.
Once it is determined what is included in the estate, you should attempt to divide it. Each of the spouses indicates which ingredients they would like to leave to themselves. If the spouses agree on this issue, they can then reach a settlement and avoid lengthy court proceedings. However, conflicts often appear in this context, in which case it is necessary to apply to the court for a division of property.
We help in matters related to the division of property, both by conducting settlement negotiations, as well as representing spouses in court.
The court hearing the case is obliged in a divorce decree to regulate the situation of the minor children of divorced spouses. This is to accurately define the entire palette of rights and obligations for both father and mother in relation to their minor children. This issue is very often the most difficult thing to solve when parting. The regulations require special attention to the well-being of children and on this basis determine the direction of entrusting parental authority, as well as the way it is exercised by parents. Spouses during divorce or legal separation proceedings can agreeably reach a written agreement on how to exercise parental responsibility and maintain contact with the child. If the parties are unable to reach such an agreement, the court, taking into account the right of the child to raise by both parents, will decide this matter. The court may entrust parental authority to one of the parents, limiting the parental authority of the other parent to specific duties and rights. In exceptional cases, the court may deprive one or both parents of parental responsibility.
Determining how to exercise parental responsibility and maintain contact with the child may also be the subject of a court decision between parents who were not married. In this case, you can go to court for deprivation of parental responsibility, determination of the child’s place of residence, method of exercising parental authority, limitation of this authority, establishing contact with children and for maintenance.
Arrangements require, among others, issues such as: determining with which parent the child will live, who exercises parental responsibility, and who has been entrusted with exercising parental responsibility. Determining which parents, or maybe both of them together, have a binding opinion on important matters of the child (holiday trips, trips abroad, health matters and treatment, choice of school, kindergarten, choice of additional activities).