There is a simple rule: the sooner a lawyer is involved, the less the case costs. Rectifying a lost case from the court of first instance or a botched property division takes a long time and does not always succeed. It is far wiser to get a lawyer involved while the outcome is still undecided.
Family Law Services
We handle the full spectrum of family law matters—divorce, property disputes, and the protection of children's rights in court. Sometimes, formalizing an agreement between the parties is sufficient. At other times, we must navigate a protracted dispute where the spouses are no longer on speaking terms. We are prepared for both scenarios.
Family Law Matters:
- divorce through the courts and civil registry offices;
- division of joint property and business assets;
- recovery of alimony and modification of alimony payments;
- disputes regarding a child's place of residence;
- prenuptial and postnuptial agreements;
- deprivation of parental rights, guardianship, and custodianship.
Marriage and Property Relations
- consulting on the conclusion of a prenuptial agreement;
- legal support for divorce proceedings;
- division of marital property;
- classification of property as joint marital property or separate personal property;
- establishment of a regime of separate residence for spouses.
Issues concerning the rights and interests of children
- recovery of child support and additional child-related expenses;
- recovery of a penalty (late payment fee) for overdue child support payments;
- determination of the child's place of residence;
- determination of the arrangements for parental involvement in the child's upbringing;
- return of children to their country of habitual residence;
- granting permission for the child to travel abroad;
- establishment or contesting of paternity;
- deprivation of parental rights.
Other family disputes
- assistance with genetic testing procedures;
- assistance with adoption;
- establishment of guardianship and custodianship;
- out-of-court dispute resolution.
Family lawyer for resolving family disputes
This area of law touches upon the most personal matters, and the cost of a mistake is high. Miss the statute of limitations, and you lose the right to asset division. Formulate a claim for alimony poorly, and you receive less than you could have. Such errors are often irreversible. A family lawyer assesses the case several moves ahead, considering not only the immediate conflict but also the long-term impact of a decision a year or five years down the line. Often, reaching an agreement is more advantageous: preserving a decent relationship for the sake of the child, avoiding months of litigation, and dividing property by mutual consent. However, if the other party acts aggressively, the family lawyer shifts to a vigorous courtroom defense and steadfastly upholds the client's position to the very end.
Relevant experience is crucial. Divorce involving the division of a business, disputes over a child traveling abroad, and the recovery of concealed income from a payer of alimony—these are three distinct categories of cases, each requiring a unique approach. Established practice indicates which arguments will persuade a specific judge. An experienced family law attorney also anticipates vulnerabilities in their own position and addresses them before the first hearing.
Every case begins with a sober assessment. We are upfront about what can be achieved in your specific situation and what is unrealistic. We make no promises that the law does not allow us to fulfill.
When a Family Lawyer Is Needed
Divorce, Alimony, Property, or Child-Related Disputes
There are many reasons to seek legal assistance. The most common include:
- upon the dissolution of a marriage involving joint children or property, or when the other party opposes the divorce;
- during property division, when spouses cannot agree on the allocation of an apartment, vehicle, or business share;
- regarding the collection of child support, when a parent fails to provide voluntary support or conceals income;
- in disputes concerning children, when parents live apart and have not agreed on the child's place of residence;
- before or during a marriage, when property matters need to be settled in advance via an agreement.
Judicial Dissolution of Marriage (Divorce)
Divorce proceedings in court take place in two situations: when there are minor children or when one of the spouses objects. The process can be lengthy. The court has the authority to grant the parties up to six months for reconciliation—a measure often misused to delay the inevitable.
How a lawyer helps with divorce
Legal assistance includes:
- assessment of the situation and selection of the divorce method—via the courts or the Civil Registry Office;
- preparation of the divorce petition;
- court representation without requiring the client's personal presence;
- countering attempts by the other party to artificially delay the proceedings;
- simultaneous resolution of issues regarding alimony and the child's place of residence;
- handling divorces involving a foreign element, such as when one spouse is abroad.
The lawyer manages the divorce process with the aim of shielding the client from undue emotional stress; the attorney attends most hearings personally, acting under a professional mandate. An experienced family law attorney anticipates the opposing party's moves and prepares a response for each scenario in advance.
Division of Spousal Property and Business Assets
Formally, all property acquired during the marriage is divided equally. In practice, however, the line between joint and personal property is often blurred. Gifts, inheritances, pre-marital assets, corporate shares, and debts—each of these items must be proven individually.
Scope of Legal Assistance
The lawyer’s work includes:
- determining the list of property subject to division;
- distinguishing between the spouses' joint and personal property;
- valuing property and business assets;
- dividing real estate, vehicles, deposits, and corporate shares;
- deviating from equal shares in the best interests of the child;
- challenging transactions entered into by one spouse without the other's consent.
A divorce lawyer can handle the divorce alongside the division of property; however, whether these claims should be heard in a single proceeding depends on the specific circumstances of the family dispute.
Recovery of Child Support and Additional Child-Related Expenses, and Modification of Amounts
Child support can be recovered in two ways: as a share of income or as a fixed amount. The choice depends on the payer—specifically, whether they receive an official salary or conceal their actual earnings. In addition, extra expenses—such as those for medical treatment, rehabilitation, or the child's education—may also be recovered.
Issues a Lawyer Can Assist With
This practice area covers:
- recovery of child support as a share of income or a fixed amount;
- determination and proof of the payer's actual income;
- recovery of additional child-related expenses;
- increasing or decreasing the amount of child support;
- recovery of arrears and penalties for late payment;
- support during the enforcement of child support orders.
One should not overlook the issue of arrears. If a payer has avoided making payments for years, it is possible to recover not only the outstanding debt itself but also a penalty for each day of delay. The final amount often turns out to be significantly higher than the client initially anticipated.
Determining the Child's Place of Residence and Establishing a Visitation Schedule
If parents live apart, the law does not automatically favor either the mother or the father. The court considers the child's best interests: whom the child is closer to, and who can provide care while maintaining the child's familiar environment and schooling. The parent living separately retains the right to visitation.
Scope of legal representation in child-related disputes
The lawyer provides:
- determination of the child's place of residence via court proceedings or parental agreement;
- establishment of a visitation schedule for the parent living apart;
- protection against interference with access to the child;
- legal support in cases regarding the child traveling abroad;
- involvement of the guardianship and custody authority in the proceedings;
- assistance with enforcing the court decision if the other party fails to comply.
In such cases, the guardianship and custody authority almost always becomes involved in the proceedings; it inspects the living conditions and prepares a formal opinion. Consequently, evidence is gathered in advance—such as character references, official certificates, and proof of each parent's level of involvement in the child's life.
Prenuptial Agreements and Property Settlements
A prenuptial agreement is a way to prevent future disputes before they even arise. It outlines the property regime, support arrangements, and the allocation of expenses. Such an agreement can be concluded before the wedding or at any time during the marriage.
What prenuptial agreement services include
The lawyer provides:
- drafting agreement terms tailored to the couple's specific situation;
- defining the legal regime for joint and separate property;
- settling issues regarding spousal support;
- verifying the agreement's compliance with the law;
- facilitating notarization;
- challenging or amending the terms of a previously concluded agreement.
Termination of parental rights and establishment of guardianship and custodianship
Deprivation of parental rights is a measure of last resort. A court takes this step only for serious reasons, such as a parent evading their upbringing duties, mistreating the child, or suffering from addiction. While this measure strips a parent of their rights regarding the child, it does not absolve them of the obligation to provide financial support. Concurrently, decisions are made regarding guardianship and care for children left without proper protection.
When a lawyer's assistance is needed
This practice area covers:
- termination of parental rights of one of the parents;
- defense against an unfounded attempt to terminate parental rights;
- reinstatement of parental rights;
- arranging guardianship and custodianship of a child;
- establishing a fact of legal significance for the child;
- legal support for adoption.
How working with a family lawyer proceeds
Consultation and document analysis
It begins with a consultation and a review of documents: certificates, contracts, proof of income, and correspondence between the parties. At this stage, it becomes clear how complex the case will be and what the realistic expectations are.
Defining the Legal Position
Next, we formulate a strategy tailored to the desired outcome—whether to reach an amicable settlement or proceed to court. The client receives an overview of potential scenarios and the risks associated with each.
Drafting Applications, Contracts, and Procedural Documents
We draft lawsuits, statements of defense, prenuptial agreements, and settlement agreements. Before submission, we carefully review every document to ensure the opposing party has no formal grounds to delay the proceedings.
Court Representation or Negotiations
We conduct negotiations with the other party or represent the client in court. We provide feedback after every stage, ensuring the client is never left to navigate the process alone.
Why choose Shkrebets & Partners Law Firm for resolving family disputes?
A professional approach to family law matters enables us to achieve results even in complex situations.
Benefits of working with us:
- deep specialization in family law;
- personalized defense strategy;
- confidentiality and ethical conduct;
- comprehensive case management.
Services are provided in Kharkiv and Kyiv.
