It seems to family people that the state is a third wheel in their relationships. In our country, it is customary to contact a family law specialist rarely and at the wrong time. But in vain, because a family lawyer will help not only solve complex problems, but also prevent their occurrence.
Family law specialists recommend not to wait and contact them on any issues related to alimony, marriage, divorce proceedings and division of property. A lawyer will protect your interests, help you save your finances and achieve the desired result.
What is special about family law?
Family law is a system of rules that regulates personal and property relations between relatives. The Family Code of the Russian Federation contains answers to all questions that relate to the following topics:
- Marriage. Conclusion, termination and invalidation.
- Personal relationships. As a rule, we are talking about spouses, their choice of place of residence, type of income and characteristics of living together. And also about the relationship between children and parents.
- Property. Possession, disposal and use of real estate and various material assets.
- Parent-child relationships. Adoption, guardianship and trusteeship.
Family law in different countries differs significantly, therefore, being a citizen of the Russian Federation, you need to focus on the domestic code.
The peculiarity of family law is that its knowledge is not enough to resolve related issues. Sometimes a lawyer needs to turn to the Criminal Code. This is required to resolve a situation where illegal and punishable actions take place.
One of the most important issues related to legal regulation relates to education. Most citizens of the Russian Federation are not aware of their rights and responsibilities, but they can be helped by family lawyers who will advise on family and property issues.
We determine the place of residence and the procedure for communicating with children
The following have the right to communicate with the child:
Grandmother and grandfather
Half-siblings
Brothers and sisters of one of the parents
The best way to achieve a visit and normal communication with your child is to come to an agreement with your ex-wife, which is what our company’s family dispute lawyers Not just in words, but to conclude an agreement with a notary on the procedure for communicating with the child. The agreement must detail the place, time and duration of communication with children.
If the relationship with your ex-wife has completely deteriorated, you can always contact the SSP to enforce the agreement.
If an agreement cannot be reached, the order of communication and residence of the child with one of the parents can only be established in court.
Functions of a family lawyer
People turn to the law at the moment when it is necessary to protect their interests. This rarely happens in a stable situation when “everything is fine.” But as soon as the marriage breaks down, problems with children or inheritance arise - they contact a family lawyer. Although, it is better to do this in advance, before the crisis occurs.
Drawing up a marriage contract, consultations on issues of inheritance and parenthood, and conflict resolution are only a small part of the issues that a family lawyer resolves. Let's consider the main block of questions that falls within the competence of such a specialist:
- conflicts during divorce;
- deprivation of parenthood and adoption of children;
- assignment of alimony;
- liability for non-payment of alimony;
- establishing and challenging paternity;
- receiving an inheritance;
- registration of documents: will, marriage contract, deed of gift.
On the one hand, options for resolving such issues are prescribed in the Legislation of the Russian Federation, and on the other hand, there are many specific situations that are not defined in legal documents.
But they are considered in courts and discussed with professional lawyers. As a result, through experience, family lawyers become competent in a wide range of issues. Let's consider a number of specific situations and try to systematize the experience they have accumulated in the article.
Divorce
family law lawyer
- First way:
dissolution (termination) of marriage by mutual desire of the spouses. If there are no disputes regarding property and common minor children, the spouses contact the civil registry office with the necessary package of documents.
- Second way:
through the magistrate’s court, if there is a minor child whose upbringing the parents have decided among themselves, and there is also a property dispute not exceeding 50,000 rubles.
- Third way:
If no agreement is reached regarding a common child, the spouses go to a court of general jurisdiction, which will determine with whom the child will live and what role the second parent will play in relation to upbringing.
The court decision comes into force after 10 days. During this time, one of the spouses can challenge the court decision. If this does not happen, then the marriage is dissolved and a certificate of divorce is issued, and the marital relationship is terminated.
In what situations should you contact a family lawyer?
Sometimes we don't know what we might need until we face the problem. This statement is also true for legal issues. We have no idea which of them we will have to solve in the future.
Here is a simple list of situations that may become relevant for each of us. Maybe you shouldn’t wait for the weather by the sea, and order a consultation with a family lawyer or lawyer now? We will look at options for problems that a professional can turn into simple and convenient solutions below.
Discussing financial issues with loved ones
Talking to relatives about money is often unpleasant. After all, there are too many emotions involved in relationships with loved ones: there are omissions, social dependence, close ties. These are not partners who can be changed. How to start a conversation about drawing up a will, repaying a debt or exchanging an apartment, so as not to be left in the cold and not run into a quarrel?
In such situations, you need a professional. It will help preserve both finances and relationships. Here are some tips from legal experts:
- Give up false moral values. Unfortunately, we are embarrassed to talk about money with our family. Sometimes it’s easier for us to give up our share so as not to look like a money-grubber. And in vain. Suppose parents offer to register a common family apartment, which is privatized for four (mother, father, son and daughter), for their son only because he has a wife and children. And the daughter is nobly silent. As a result, she becomes a victim who is left with nothing. A legal specialist will not allow this.
- Give up your aggressive stance. When one relative does not know how to defend himself competently, he begins to put pressure on loved ones and spoils relationships with them. With the help of a professional, you can avoid doing this, and instead of shouting, you can justify your position by referring to the law. If you are afraid of being homeless, there is no need to intimidate your relatives or come up with insidious schemes to evict them. The law can protect you, you just need to discuss everything with a specialist.
- Negotiate correctly. Communicate your emotions. Don't give in silently and then harbor a grudge. It’s better to say honestly: “I’m worried about selling my house, let’s discuss it together.” If the question is painful and hurts someone close to you, it is better to postpone it.
Also, when solving financial and property problems, it is best to discuss omissions and dissatisfaction that affect decision-making. Sometimes personal grievances can prevent you from entering into a legal agreement. And this cannot be allowed.
Division of property during divorce
The topic of property division is rarely dealt with without the help of professionals with a legal education. And all because the law is too clear, but life is not. Here's what experts give:
- Draw up a marriage contract. Yes, this does not sound romantic, but material issues, as well as situations that may affect children, are better discussed on the shore.
- Don't be careless. If one of the spouses paid for large purchases with personal funds after marriage, it is better for him to save the receipts and record the movement of finances in his accounts. Then he will be able to prove in court that he bought the apartment or renovated it with his own money. This will affect the court's decision when dividing property.
- Ask permission. Do you want to sell a shared car before a divorce? Ask your spouse for consent. Still, this property acquired during marriage does not belong only to you.
A specialist will tell you that after a divorce you need to divide not only property, but also obligations. This way you can distribute responsibility for the loan or mortgage evenly.
Receiving an inheritance
Inheritance includes material assets, money, movable and immovable property, which passes to the legal heirs of the deceased. Or they cannot move if their interests are violated. A specialist is needed to protect the law. He will tell you how best to draw up a will in order to most accurately fulfill the will of the testator. Professionals recommend:
- Make wills. Inheritance by will is more reliable than inheritance by law, since the latter has many additional nuances that the testator may not be aware of.
- Remember about the obligatory share. This is the part of the inheritance that is due to the heirs, bypassing the will. A professional will inform you about it.
- Prepare additional documentation. For example, contact a notary for this no later than six months after the death of the testator.
You should not look for such information on the Internet or even in primary sources. What if you miss an important point and things don’t go as planned?
Conclusion of a marriage contract
Your human rights activists will recommend concluding an agreement. And there are at least 6 reasons for this:
- You are purchasing an apartment in a building under construction.
- You were given a house or other real estate as a wedding gift.
- One of the spouses has a premarital business.
- You and your spouse maintain separate budgets.
- You purchase property after the wedding, but with your personal money.
- Property will be difficult to divide.
But realizing the need for documentation is not enough. You need to draw up a marriage contract correctly. Your human rights defenders will help with this.
The most common myths about lawyers
When contacting any specialist, you need to know that he does not understand all areas. There are a number of powers that do not relate to the activities of a lawyer. But, unfortunately, not everyone knows about them. This is how the following myths appear:
- A family lawyer is only contacted if the case goes to court. Don't do this and you'll avoid a lawsuit. Contact a professional before you have a complaint filed against you, and don't rush into filing a claim yourself. Perhaps in this case the legal war will end in a truce?
- A lawyer is needed only in case of conflicts. Concluding peace treaties, including oral ones, is one of the skills of a true professional. If you feel that a conflict is brewing, contact a family lawyer and he will tell you what to do. Or better yet, contact him simply because you have relatives and property. These two components already create the basis for legal work.
- A lawyer defends, a lawyer gives general advice. Both specialists protect the interests of clients and provide advice.
- A lawyer is always on the side of the client, but not on the side of the law. This opinion appeared after the release of domestic and foreign films about how legal experts hide evidence, cheat and strive to interpret the law in their own way. In fact, the task of a family lawyer is to find that facet of the law that will play into the client’s hands. In addition, such specialists often focus not on the “letter of the law”, but on its “spirit” - to show that the rules are imperfect and can be revised. But they do not violate the direct requirements of the Legislation of the Russian Federation.
Professionals will help you solve any problems related to family or other law. They can give free consultations or help on a commercial basis. The main thing is to choose the right specialist. Otherwise, you will have to recover damages from the unlucky consultant. But we hope it doesn't come to that.
Sources:
Family law
Family Code of the Russian Federation
Federal Law on advocacy
