Jurisprudence 2024, November
It is possible to divide jointly acquired property not only during the divorce proceedings, but also while being married. Also, the division between the former spouses of everything acquired jointly is possible after the dissolution of the marriage after a while
The minimum amount of alimony is one quarter of the permanent earnings, the other income of the parents. The specified amount is determined by family law for those parents who are responsible for the maintenance of one child. Alimony obligations of parents in relation to their own children are regulated by Chapter 13 of the Family Code of the Russian Federation
The procedure for registering a wife and son in their apartment depends on whether it is privately owned or municipal. In the first case, it is enough that the owner is not against. In the second, you will need to confirm the relationship and provide the consent of all adults registered in the apartment
Certain categories of persons who have a criminal record, certain diseases or who do not meet the requirements will not be able to become guardians. Specific groups of such citizens are indicated in the family legislation of the Russian Federation
Divorce without the consent of a husband or wife is a situation that often happens in modern life. What is the reason for unilateral divorce? First of all, these are feelings of pain, jealousy or resentment, which are caused by the negative behavior of the spouse
The divorce stamp is placed in the civil registry office on the basis of documents confirming the termination of the marriage. Certain features of this procedure depend on the way in which the marriage is terminated. The divorce stamp is put in a special column of the passport of a citizen of the Russian Federation on the basis of documents that confirm the fact of the dissolution of a particular marriage
It is said that marriages are made in heaven, before the face of God. What, then, can be said about fictitious marriages? Why do people create them, and are such marriages legal? There are many nuances in this issue. Definition of a fictitious marriage and its purpose A sham marriage is a legal marriage with no intention of starting a family
Family legislation establishes that parental rights in raising their children, choosing an educational institution for their education, as well as other rights of parents to their children have priority over all other persons. The actual problem of our time is the decline of such family foundations as caring for a child, about his upbringing
Family legislation of the Russian Federation obliges people who are in kinship relations to provide each other with material support in the form of alimony payments. Not only mothers of minor children can count on receiving alimony, but also other persons mentioned by the legislation of the Russian Federation
Oh, this civil marriage. Young people live together for some time (sometimes even for a long time), and then, as soon as the possibility of fatherhood dawns on the horizon, the representative of the so-called stronger sex turns off his activities on the love front
If in the past the spouses shared the jointly acquired property during divorce, now joint loans are also attached to it. Each case is unique, but there are several more or less working schemes. Instructions Step 1 In a situation where the loan was issued to one of the spouses before the marriage, it is this spouse who must repay it
Some people have difficult and unpleasant situations when it is necessary to make tough and firm decisions even in relation to seemingly closest and dearest people. The eviction of a relative refers precisely to such cases. Before contacting law enforcement, talk to the person you want to evict
Different life situations that arise in families very often confront people with various legal issues and subtleties. And sometimes a person faces the problem of rejecting a will. How to do it right? Instructions Step 1 Visit a law office
The Family Code (Article 80 of the RF IC) defines the obligation of parents to support their minor children. However, due to objective circumstances, sometimes the amount of alimony should be revised downward. This is done exclusively on a declarative basis
Parental rights are deprived on the basis of article 70 of the RF IC. The grounds for deprivation are article 69 of the RF IC. If the parents have changed their way of life and can documentally confirm to the court that all the child's rights and obligations towards him will be respected, then the restoration of rights is possible
Jointly acquired property includes all the property of the spouses, which was received, acquired by either of them or jointly during the marriage. Some exceptions to this rule are provided by family law. Jointly acquired property presupposes a legal regime of property of the spouses, which is automatically used in the conclusion of any marriage, if there is no prenuptial agreement
Lived together, loved together, gave birth together. But only now the young father decided to leave and refuses the child. "Not mine," he says. But to prove it or not is not difficult. It is enough to go through several medical and legal procedures
Such a form of living together as a civil marriage occurs quite often and is perceived quite naturally - as a union of two loving people. But such a marriage does not provide spouses with any property guarantees and rights in the case when it comes to divorce and division of property
To register a wife and a child, it is necessary to collect documents, the list of which will depend on who is the owner of the living space, and apply to the passport department with an application. There will be no problems with the registration of a minor, but with the registration of a wife, certain difficulties may arise and additional documents will be required
In accordance with article 256 of the Civil Code of the Russian Federation and article 34 of the RF IC, an apartment purchased during a registered marriage belongs to the spouses in equal shares, regardless of who is the owner of the property
Guardianship is established over children up to 14 years old, guardianship - over children 14-18 years old. Guardianship (guardianship) is more widespread in Russia than other types of family arrangement, because for its registration does not require going to court, unlike adoption
When lawlessness or cruelty is happening next to someone, there is no point in quietly waiting on the sidelines. Decisive action is needed. But what if we have before us an example of the ugly behavior of the mother? Well, a bad mother can be deprived of her rights
Alimony is systematic payments in the amount of monetary amounts established by law, carried out by one of the parents of a minor child in favor of the other. As a rule, alimony is paid after a divorce, but if one of the parents does not want to give money for the needs of the child, while having an income, according to the law, the other parent can demand from him the payment of alimony without dissolving the marriage
Currently, the law takes into account only the marriage that has been formalized. The legislation does not consider spouses who have lived in a civil marriage as heirs to each other. When determining the volume of the estate, the official marital status of the testator is taken into account, and the share of the second spouse in joint property is excluded from it
Unfortunately, apart from joyful moments in life, things happen that you never expect. For example, no one is planning a quarrel with a husband or wife from the very beginning. But it so happens that the marriage falls apart and there is a need to get a divorce, which means that it is drawn into the complex and long process of dividing up property and everything else
Any payer can be exempted from the payment of alimony, subject to a significant change in the financial situation of him or the child. In this case, you will need to go to court and prove the presence of significant changes that give the right to exemption from alimony or a reduction in their amount
You broke up with your wife, but her child is still registered in your living space? This greatly complicates your life, you have to pay for an additional tenant, moreover, you do not have the opportunity to sell your own apartment. And if it is not privatized, you cannot start this process, fearing that an additional tenant will claim a share of the living space
Family happiness does not always last long. The division of the spouses' property happens to be delayed for many years. And it can be difficult to protect your property rights, especially if you do not know the basics of family law. But each country has its own subtleties of divorce, so the final verdict of the court depends on the jurisdiction of a particular state
Often, when a spouse divorces, not only property issues arise, but also problems related to the future maintenance of minor children. Sometimes one of the parents (mother or father) voluntarily does not fulfill his obligations to the children in terms of paying alimony
Ukraine ranks third in the number of divorces not only among the CIS countries, but throughout Europe. According to the Family Code of Ukraine (Article 105), marriage is dissolved by the Civil Registry Office or by a court decision. Instructions Step 1 In the event that you do not have minor children, the procedure for divorce is carried out in the Civil Registry Office (if the spouses have no property claims)
In order not to pay alimony for his wife, the alimony payer will need to prove the existence of one of the circumstances that are the basis for exemption from this obligation. Proofing is carried out in the course of court proceedings, and the release from alimony occurs after the entry into force of the corresponding court decision
According to the current legislation, both parents, if they are capable, are obliged to support their minor children. In the event of a divorce, a family member living separately is obliged to pay alimony in the amount agreed by the parties or by the court
Parents are obliged to educate and support their children while they need it and have not reached working age. The situation becomes the opposite in the event of the loss of the ability to work of parents. The legal responsibilities of children towards their parents Article 87 of the Family Code of the Russian Federation states that children are obliged to take care of and provide for disabled parents if they need help
Divorce and division of property are among the most difficult cases in family law. They are often accompanied by conflicts and drag on for years, especially if the former spouses have something to share. In order not to find yourself in a disadvantageous situation when dividing property, you need to submit a competently drawn up claim with a clear statement of requirements to the court
The child has the right to own property obtained as a result of privatization, donation, inheritance and purchase. The minor also has the ownership of the income received by him and various monetary payments. The property rights of the child are protected by the law, which guarantees the observance of the interests of the minor and prevents unfair actions of parents or persons performing their duties
Divorce is a serious event, especially if there are children in the family. The child remains to live with one of the parents, but both mom and dad are obliged to support him, even if one of them is deprived of parental rights. Quite often, alimony is paid by agreement of the parties, but it can also be ordered by the court
After divorce, one of the parents is obliged by law to support their minor children. This is done through monthly alimony payments. They are awarded by the court on the claim of the second parent. Necessary -the birth certificate of the child
Establishment of paternity is necessary if the parents have not officially entered into marriage. It is carried out both by the registry office and in court. The choice of authority depends on the extent to which the persons involved are willing to acknowledge this paternity
The state supports citizens with children by issuing certificates for receiving maternity capital. They are issued to women who have given birth or adopted a second or subsequent children. It is planned to issue certificates from 01.01.2007 to 31
In most cases, only a court can declare an heir unworthy. However, in some cases, such a decision can also be made by a notary, based on existing documents. How is the procedure for recognizing the heir unworthy, and who can be recognized as such?