Family disputes

Stabimer Õigusbüroo OÜ
Registrikood: 11811374
KMKR: EE101376455

Divorce – Division of property – Debts – Loans – Children – Alimony/Maintenance

Family disputes are a real ordeal, especially on the psychological level.
Only a lawyer can objectively assess the situation, provide knowledgeable advice, help make a correct decision based on the letter of the law and settle all your contentious matters.
A legal practitioner specialising in family law has the necessary theoretical knowledge and practical skills in resolving family disputes.
Your legal advisor will put you on the best track for solving your problems with maximum benefit to you. Being an impartial actor in your family situation he will facilitate a speedier resolution of the conflict at the lowest emotional and finan

Our legal professionals are always ready to provide you with expert assistance in the following matters:

dissolution of marriage
family disputes involving foreign citizens
division of joint property of the spouses
parenting arrangements following divorce
obligation to pay maintenance
adoption and guardianship
deprivation of parental rights
contestation or establishment of filiation in court
other issues

Family disputes can be settled out of court or litigated in court. Sometimes a compromise is reached and the dispute ends with signing an agreement: about maintenance payment arrangements, division of the joint property of the spouses, parenting arrangements, etc.

If the parties fail to settle their dispute amicably, out lawyers will help you avoid protracted litigation and will shield you from negative emotions by acting for you in court.

Dissolution of marriage though a vital statistics office or a notary

A marriage can be terminated by dissolution on application of both spouses on a voluntary basis. A divorce can be finalised both at a vital statistics office and at a notary’s office when both spouses agree to the dissolution of marriage and do not have any claims as regards the jointly acquired property.

Dissolution of marriage in court

Unfortunately, the spouses do not always succeed in reaching a compromise when settling the divorce out of court and for various reasons one of the parties, not willing to participate in conflict (listen to insults or grievances) can protect his or her interests in court via a representative. One of our lawyers, for example. To dissolve a marriage in court our legal practitioner will prepare a statement of claim in Estonian and enclose all the required documents with it.

Voluntary division of jointly acquired property and joint obligations of the spouses (debts, loan obligations)

Our lawyer will give you advice on drafting a legally correct agreement between the spouses taking into account all your wishes and interests.
If necessary, our lawyer will be with you at the notary’s office during the signing of the agreement on division of jointly acquired property of the spouses.

Division of jointly acquired property and joint obligations of the spouses (debts, loan obligations) in court

ВIf the parties fail to negotiate a settlement, they should go to court to divide their jointly acquired property.

Our lawyer will provide you with the whole range of legal services and support.
Our lawyer will assist you in collecting all the necessary information about the property to be divided.
Our lawyer will prepare a correct statement of claim and file it with the court.
Our lawyer will act for you at each stage of adjudication of your claim.
Following completion of the litigation, our lawyer will help you, if necessary, to submit your application to a bailiff.

Children

In ordinary life and according to court practice, children usually stay with their mothers. Unfortunately, not all people see that children cannot divide themselves between their parents. A child perceives his or her mom and dad to be an integral whole and loves them both equally.
Very often a child is an instrument of manipulation for one of the parents: “if I feel like it, I will show you the child; if I don’t feel like it, I won’t”, etc. This creates barriers in communication between the child and the other parent. Such circumstances do not do any good to the child and force one of the parents to submit to the court an application for determination of procedure for communication with the child and for removal of obstacles to communication.
In such disputes, our lawyers’ recommend to put the child first. Because of his or her young age, the child can always say “Mommy and Daddy! I love you equally and want to be with you always. Don’t pull me apart” Parents should curb their ambitions, manage their grievances and resolve the situation in the best interests of their child.
Disputes involving children are a very important and emotionally-charged issue for parents. That is why this problem is hard to sort out on your own. Our lawyers are always ready to take upon themselves the task of solving of your conflicts.

Maintenance

Parents are obliged to maintain their minor children in accordance with the Family Law Act. Parents themselves should decide how they are going to do that. There are two ways: out of court and by judicial procedure.

Out of court settlements:
Parents enter into a child maintenance agreement which is prepared in writing and authenticated by the notary. The agreement specifies the amount of maintenance as well as its payment terms and procedure. This agreement is legally binding and enforceable. Our lawyers are ready to provide knowledgeable legal assistance if the parties have reached an understanding in this matter.

Judicial procedure:
If a parent does not provide maintenance to his or her minor child the other parent can sue and file a claim with the court for maintenance to support a minor child. Our lawyers will prepare a legally correct statement of claim and if necessary will act for you in the judicial process.

Assault and battery

People do not like to talk about it, but unfortunately it is a fact of life. Assault and battery is something that should be prevented. However, in real life this phenomenon is quite common. Many women (children) experience violence in the family. A sad truth is that in a difficult situation many people just do not know what to do and are often paralysed with fear for themselves or their children.

If you have become a victim of domestic violence, your first step would be to seek professional assistance in spite of being afraid. Legal advice will help you choose the correct line of action, document any wrongs and, if necessary, defend your rights in court.

Where others see problems, we see opportunities!

Not to find yourself in a situation when everything was lost in a second, seek legal advice well in advance and discuss with your lawyer the issues relating to the dissolution of marriage, establishment of the procedure for communication with the children, the rights and obligations of the parents with respect to their minor children, division of property, debts, loans, etc.

The sooner you talk to a lawyer about your problem, the more chances the lawyer will have to help you!

Do not wait, contact us and we will do our best to solve your problem.

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