Family law

Family law cases are most often very emotional. Clients who want to regulate various issues related to their loved ones often have a poor understanding of their legal options. It is often difficult for them to separate their emotions from the necessary cool assessment of their own situation or the situation of their relatives. Our attorneys have many years of practice in this area, and based on a wide range of cases. We always bear in mind that family matters (such as divorce, separation, alimony, contact with the child) require not only knowledge of the family law regulations and experience, but also a great commitment, sensitivity and discretion. Therefore, we always seek optimal solutions tailor-made for the complex nature of each case.

Family law

Family law cases are most often very emotional. Clients who want to regulate various issues related to their loved ones often have a poor understanding of their legal options. It is often difficult for them to separate their emotions from the necessary cool assessment of their own situation or the situation of their relatives. Our attorneys have many years of practice in this area, and based on a wide range of cases. We always bear in mind that family matters (such as divorce, separation, alimony, contact with the child) require not only knowledge of the family law regulations and experience, but also a great commitment, sensitivity and discretion. Therefore, we always seek optimal solutions tailor-made for the complex nature of each case.

Our methods – how do we act in such cases?

As in the case of a medical problem, a legal problem first requires a proper diagnosis. Therefore, the first meeting between our lawyer and the client is very important. During this meeting, on the basis of the client’s statement and the documents in his possession, our lawyer will get acquainted with the factual situation, trying to sort the information, separate the most important facts from those less important. The client is always free to speak their mind. It is the lawyer’s job to ask the client the right questions, to “extract” and precisely define the legal problem.

After gathering and organising the available information, our lawyer will make a preliminary assessment, pointing out the problems and risks connected with conducting the given case and, most essentially, proposing specific solutions and recommending a further course of action. As in criminal cases, we stick to the principle that our assessments should be realistic, not based on wishful thinking or emotions, and in line with the realities of the court.

It happens often that the client is not entirely sure whether he or she really wants to take a given measure (e.g. file for divorce), and comes to us to get an initial idea of their legal options. In such a situation, we always adhere to the principle of giving a neutral legal assessment, as opposed to persuading the client, because whether to take a given legal action must be his/her own autonomous and considered decision. A lawyer cannot be a stimulating or advising factor here, he is there to provide an optimal legal assistance

However, when the client has made up his mind (or already has a lawsuit pending), our lawyer will present a pre-litigation or litigation strategy which the client needs to accept.

We then move on to conduct the case. In this area, we draft statements of claim, pleadings, appeals (appeals and complaints), motions, legal opinions, contracts and other necessary documents. We also participate in pre-trial negotiations and provide representation in mediations. In court, we represent clients in proceedings before all instances.

What types of cases do we handle?

With regards to family law, we most often assist our clients in the following types of cases:

Divorce

In a divorce case there is a wide range of options and degrees of complexity, ranging from a divorce without adjudication of guilt to a divorce with adjudication of guilt, as well as many additional complications, such as disputes over alimony, parental authority, contact with the child, or disputes over the division of property. Despite the existence of certain models and patterns of divorce proceedings, each of the additional factual situations requires an individual approach and individual solutions. This is due to the fact that every family and every individual is different, and has a different character, temperament and family relations. Therefore, it is difficult to speak here about any universal template of conduct. Our many years of experience have shown that even in a situation where everything points to the relatively simple scenario of a divorce without adjudication of guilt in the absence of other disputable issues, the situation may change and become more complicated in the course of the proceedings, as the parties may change their positions at various times. It is, therefore, advisable to have a professional legal assistance in every case.

Cases of alimony for a minor child

An adult child or an elderly person. Here, determining the alimony due always depends on two factors: the justified needs of the person entitled to the alimony and the financial capacity of the obliged party. Therefore, in an alimony case these two factors must be skilfully and convincingly demonstrated by the legal representation of the client in order to establish an adequate amount of the alimony.

Division of joint property

Including division with unequal shares in the property. As a rule, this is the last element to be settled by former spouses. It is often the case that the mentally taxing process of divorce makes the spouses linger with the division of the joint property. However, despite the necessity to face another legal procedure, it is worth regulating these issues in order to finally close the stage of life associated with the ex-partner. The division of joint property does not have to end in court and mean fighting over every single asset.

For incapacitation

For separation of matrimonial property, including the retroactive separation of property

Cases for increasing, reducing or terminating the maintenance obligation

For permission to carry out activities beyond the scope of ordinary management of the joint property of the spouses

Paternity cases to establish or deny paternity

Child custody arrangements in favour of either parent or the grandparents

Any proceedings relating to parental authority, including cases for extending, limiting or terminating such authority