Family disputes. A marriage contract, contract. Family law regulates property and personal non-property relations between spouses. According to statistics, 3 out of 4 marriages end in divorce. In the case of divorce before marriage raises several questions and concerns. A family dispute can be resolved by reaching an agreement by the parties in terms of an agreement (contract, payment of alimony, etc.). Well, if this agreement you will never return, but when it comes to him - it will only benefit.
Family disputes. A marriage contract, contract.
Family law regulates property and personal non-property relations between spouses. According to statistics, 3 out of 4 marriages end in divorce. In the case of divorce before marriage raises several questions and concerns.
A family dispute can be resolved by reaching an agreement by the parties in terms of an agreement (contract, payment of alimony, etc.). Well, if this agreement you will never return, but when it comes to him - it will only benefit.
The marriage contract - an agreement for those entering into marriage or spouses, defining property rights and responsibilities of spouses in marriage or in the event of its dissolution. A marriage contract or contract a very important procedure. In drawing up the marriage contract, spouses can consolidate a regime of joint, shared or split ownership of all property or property of each spouse.
Divorce in court made the claim for divorce one"s spouse, if there are common minor children or if there is no agreement on the divorce of a spouse. In addition, a court order if one spouse is evading the dissolution of the marriage registry office in the body.
When considering a court case for divorce, can be addressed questions about the division of property and who will be living minor children.
The most complicated cases include family disputes about children. Such disputes are related mainly to the upbringing of contrary views of the other spouse. When dealing with such family disputes to determine the interests of the child is very difficult.
As a basic principle is the principle of adversarial proceedings, but in cases involving deprivation of parental rights by the prosecution speaks prosecutor who oppose it very difficult, it is logical for their part have protection in the face of a lawyer.
The Family Code defines the obligations of parents to maintain their minor children. The order of detention of minors is determined by the parents themselves. Parents can reach an agreement on the content of their children - in an agreement on alimony, which is in writing and later certified by a notary. In the absence of such agreement or if the parents do not represent the content of minor children, alimony recovered in the courts.
In the event of a conflict between spouses, parents and children face a range of problems and issues requiring a legally correct and balanced decisions, which certainly would avoid lengthy, debilitating dispute.
Our attorneys and lawyers, who often face issues in the area of family law, are ready to help find the right option for you from the situation and further its development.
Family disputes are always heavy in moral terms for each of the parties to the dispute. Often the person gathering to marry could not provide opportunities to protect one another from potential problems.
In the event of a conflict between spouses, between parents and children, it is best to get legal advice literate, which surely will allow you to avoid long, debilitating dispute. Turning you will get an opportunity to resolve the problem through negotiations, by finding a compromise. Family lawyer - a specialist in family law outline to you the situation from all sides, as well as help find the most advantageous option for you to break the problematic situation.
A family dispute can be resolved by the parties reach agreement in terms of an agreement (the marriage contract, an agreement on alimony, an agreement on how to communicate with the child, etc.). Those who entered the marriage contract / agreement on the division of property, an agreement on how (the definition of size) the content of a spouse, children, etc. / avoid the risk of acquiring further conflict that could jeopardize the marriage itself.
Even if you are married, have no property, on which in the future may be serious differences, or do not have a common child, we suggest that you decide in advance the possible concerns, accounting for the documents confirming the mutual consent of the parties (for example, for lack of future conflicts associated with recreational child abroad and the provision in connection with the mutual consent of both spouses may specify in advance the conditions for such travel in the agreement).
If you can not achieve compromise on any issues, the party may apply for the settlement of the conflict in court.
When correctly drafted petition, as well as evidence in the case of a judge timing of the decision on the case will be kept to a minimum.
The category of family disputes can be any dispute arising between spouses, between parents and children about the emergence and implementation of the rights of parents and children to the emergence, the termination of marital property.
Family lawyer will help you in solving any problems that arise on the following issues:
* Divorce (divorce);
* Division of property;
* Allocation of shares of adultery;
* The manner of communication with your child;
* Defining the place of residence of the child;
* Recovery of maintenance for the children (minors, participate in additional costs);
* Maintenance of the spouse (for a period of incapacity of spouse, until the child reaches the age of three, for the spouse who has reached retirement age, etc.);
* Challenge paternity / maternity;
* Deprivation of parental rights.
Divorce: Divorce TECHNOLOGY
Divorce: Court or the registry office?
Divorce, called in common "divorce" - is the reason why citizens are most often turn to the courts. There are several grounds on which divorce can be made only by the courts, not in the registry office. Dissolution of marriage (divorce) is produced in court when the couple shared their minor children, without the consent of a spouse to divorce, as well as, if one spouse, despite the lack of objection, evading the dissolution of marriage in marriage .
In the absence of a spouse and children shared with a common agreement between spouses on divorce, the marriage is dissolved at the registry office. In accordance with art. 32 Federal Law of 15 November, 1997 N 143-FZ "On acts of civil status" State registration of dissolution of a marriage made body ZAGS residential couple (one spouse) or the place of state registration of marriage. It should pay particular attention to the fact that in marriage at the Palais des marriage, registration of its dissolution is possible only in the registry office at the place of residence of one of the spouses.
In addition, the dissolution of marriage on the statement of one of the spouses made body of civil registry if the other spouse is missing court, the court found incompetent, convicted of a crime to imprisonment for a term exceeding three years.
Submission of a time frame of the case
When a citizen in court with a claim for dissolution of marriage petition filed by the defendant residence (permanent registration of a spouse residence). The plaintiff (the spouse who wants to divorce her husband) has the right to file a petition for divorce and his place of residence, but only certain cases: if the defendant is recognized in the prescribed manner missing or incapacitated due to mental illness or dementia, convicted of a crime to prison for a period of not less than three years, together with the plaintiff resides minor child, for health reasons leaving the plaintiff to defendant"s residence to be difficult for him. By the statement of claim must be accompanied by appropriate evidence, the rationale for change of jurisdiction.
By the application for divorce must be included:
1. A copy of the statement of claim for divorce to send proof of the defendant;
2. The marriage certificate;
3. Child"s birth certificate;
4. Inquiries residence spouses;
5. Receipt of payment of state taxes.
The amount of public duties in accordance with art. 4 of the Law on State Duty claims the divorce is equal to one minimum wage. The exception is the petition for dissolution of marriage with a person recognized in the prescribed manner missing or incapacitated due to mental disorder, or with a person sentenced to imprisonment for a term exceeding three years. In this case, the amount of state tax - 20 percent of SMIC.
In accordance with art. 23 Family Code if there is mutual consent to divorce the spouses divorce court without ascertaining the motives for divorce, regardless of whether the couple shared children.
In accordance with art. 23 Family Code divorce court made no earlier than the end of the month from the date of filing of the statement of claim for divorce. Thus, the court in case of dissolution of marriage shall be appointed no earlier than one month after a court claim for divorce. This period is not subject to reduction, regardless of the presence or absence of disputes over children and property, consent or dissent defendant divorce.
The trial of civil cases happening in court with a compulsory notice individuals involved in the case. Cases of divorce with those recognized in the prescribed manner missing, incapacitated due to mental illness or dementia, lack of citation.
For the trial, a prerequisite is the proper defendant notice of the date, time, place and substance of civil affairs, and as someone called in the trial the person. That notice is a summons.
The definition of place of residence Child
In accordance with art. 24 Family Code in a divorce in a court of law, spouses may submit to the court an agreement on whom among them will be living minor children, on the payment of maintenance for the children and (or) disabled needy spouse, about the size of the funds or the Under the common property of both spouses.
In the event that there is no agreement between spouses on the above issues, as well as in the case found that the agreement violates the interests of the children or one"s spouse, the court must:
- To determine who the parents of minor children will live after the dissolution of the marriage;
- Identify with any of the parents in what amounts recovered maintenance for the children;
- At the request of the spouses (one) to the division of property in their joint property;
- At the request of a spouse entitled to receive maintenance from the other spouse to determine the size of the content.
Often, when a de facto termination of marriage, one spouse violates the rights of the other spouse limit or even refuse to communicate with young children, refuses to use jointly acquired during marriage, property, etc. In such cases, appropriate at the time of filing a court claim for dissolution of marriage or during the trial to file a petition for redress of the definition of place of residence or establishment of a regime raising a minor child (ren), under the joint property, recovery of funds (alimony) for the maintenance of the minor child (ren) or a disabled spouse.
The most frequent argument - the refusal of a parent from communicating with the child"s other parent. Underlying these actions is widespread but erroneous belief that after the divorce, a parent living separately from the child loses parental rights. Parental rights and responsibilities arise and terminate, regardless of the presence or absence of marriage of parents. No one has the right to limit parents in communicating with your child, regardless of what kind of relations exist between his parents.
In accordance with art. 66 Family Code parent with whom the child lives must not hinder communication with the child"s other parent, if such communication is not causing harm to the physical and psychological health of the child, his moral development. Determination of harm from communicating with the child"s parent is determined by the court. In the case of a withdrawal from one of the parents to communicate with the child"s other parent, a court may compel the guilty parent is not obstruction in communicating with the child"s other parent. Parents living separately from the child has the right to obtain information about your child from education, health and other agencies.
This rule has considerable practical importance, because often when different organizations are denied the parent to provide documents to the minor child (medical card, certificate from school, etc.). This refusal was illegal. In providing information to a parent can be denied only if there is danger to life and health of a child by a parent.
In determining the mode of education minor child, parents are usually asked to identify the days of communicating with the child seat communicating, time, the presence or absence in dealing with the child of another parent, etc. Often, when one parent fails to perform certain court child-rearing regime. In accordance with art. 66, with failure to comply with a court decision to the guilty parent measures envisaged civil procedural law. When malicious failure to comply with court decisions, at the request of a parent living separately from the child, may decide to transfer him to the child.
At the core of the dispute on the definition of residency child is typically conflict relationships ex-spouses - the parents of a child (ren). Despite the equal rights of parents who embodied the Russian legislation, the court determines the place of residence of the child (ren) to the mother. However, there should be no established jurisprudence for the axiom. In accordance with art. 65 Family Code domicile of children with separation of parents by agreement between the parents. In the absence of agreement, the dispute between the parents allowed the court, based on the interests of children, and taking into account the views of children. The court took into account the child (ren) to each of the parents, brothers and sisters, the age of the child, moral and other personal characteristics of parents, relations that exist between each parent and child, the possibility of creating the conditions for child care and development (activities, parents work, wealth and marital status of parents and others). An important condition for determining residency child with one parent is the direct involvement of parents in the care of the child, his upbringing, etc.
It is particularly noteworthy that in court, parents often refer to care for the child (ren) their parents - grandparents child (ren), which they believe is a reasonable basis for determining the child"s residence. By this approval by the court, usually refers skeptical, because the parties to the dispute on the definition of residency child with one of the parents are themselves parents, and not others.
In addition, established a mistaken view that the assets of one of the parents is essential in determining the child"s residence. The basis of a claim on the definition of residency child with one parent is not only protecting the interests of parents, but to protect the rights and interests of the child. Therefore, frequent cases where, despite the substantial difference in the amount of parental income, the court determines the place of residence of the child with a parent with a smaller income compared to the other spouse. This court decision has been dictated, as a rule, so that more parents has saturated secured a working day or longer trips that can not provide proper care for minor children and provide a full education.