Family law covers disputes arising from marriage, divorce, custody, maintenance and matrimonial property. We handle uncontested and contested divorce, custody and contact, maintenance claims and division of marital assets.
Family law covers a wide field, from the creation of a marriage to its end, and from the custody of children to the property regime between the spouses. In these files the best interests of the child and the long-term financial position of the parties are as decisive as the strict legal consequences. Interim decisions taken during a divorce often shape the final outcome, so setting the process up correctly from the start matters.
Divorce Proceedings
Uncontested Divorce
Where the marriage has lasted for the statutory minimum period and the parties agree on every issue — custody, maintenance, damages and division of property — and record this in a protocol, the divorce can be concluded in a single hearing. A protocol that is incomplete or internally inconsistent leads to fresh proceedings later, so the text must be drafted with care.
Contested Divorce
Where the parties cannot agree, proceedings are brought on the ground that the marriage has broken down irretrievably, or on one of the specific grounds listed in the law (adultery, attempt on life, desertion, mental illness, commission of a crime and leading a dishonourable life). The finding on fault directly affects claims for damages and maintenance.
Custody and Contact
Custody is decided according to the best interests of the child, taking into account the child's age, routines, schooling and the practical caring capacity of each parent. Contact days are arranged for the parent who does not have custody. Where circumstances change, an action to vary custody may be brought.
Types of Maintenance
- Interim maintenance: ordered for the duration of the proceedings.
- Child maintenance: paid by the parent without custody towards the child's care and education.
- Spousal (poverty) maintenance: may be ordered in favour of the spouse who will fall into poverty because of the divorce and who is the less at fault.
- Family support maintenance: may be claimed between descendants, ascendants and siblings in cases of hardship.
Where circumstances change, an increase, reduction or removal of maintenance can be sought.
Liquidation of the Matrimonial Property Regime
For marriages entered into after 2002 the regime of participation in acquired property applies as a rule. Together with the divorce, or in separate proceedings, the liquidation of property acquired during the marriage and the participation claim are pursued. What counts as personal property, what came by inheritance and what is acquired property lie at the heart of this action.
Domestic Violence and Protection Orders
Under Law No. 6284, where there is violence or a risk of violence, protective and preventive measures such as removal from the home, a no-contact order and provision of shelter may be requested. No proof is required for these requests and the decision is given quickly.