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Family law

What is family law?

Family law is an area of law that covers various legal matters related to family life. It includes topics such as marriage and divorce, parental legal custody and maintenance of children, adoption, guardianship, succession and property relations during marriage and on divorce. Family law helps regulate the legal aspects of family relations and ensure that each family member’s rights and interests are protected.

Family law is one of the most personal areas of law. It is therefore important that family law disputes and issues are resolved as swiftly and discreetly as possible. LMP Law Firm advises clients on family law matters both out of court and in court.

We deal with the following family law matters:

1. Marriage and divorce

Ending a marriage is a complex process that can involve a number of legal and emotional challenges. Professional legal advice is essential to ensure a smooth process and minimise divorce disputes. Our law firm provides legal assistance on divorce and the termination of marriage to help our clients protect their rights and achieve a fair outcome.

Marital property contracts and advice on the choice of property relationship

We assist with marital property contracts and advise on the choice of property relationship A marital property contract is a notarial contract in which the spouses can agree on how their property will be divided at the end of the marriage or in the event of the death of one of the spouses. A marital property contract can be particularly useful if a spouse wants to protect their property from the other spouse’s possible credit debts or bankruptcy.

We advise clients on drafting marital property contracts and help choose the appropriate property relationship (marital property contract or a statutory property relationship) according to the wishes and needs of the couple. In addition, attorneys help clients understand the rights and obligations arising from a marital property contract and the rules arising from the law. We can also give practical advice on the process of concluding marriage contracts.

A marital property contract is an agreement between spouses. With a marital contract, it is possible to:

Read more about the reasons for concluding a marital property contract  HERE!

Divorce and end of registered partnership

We help clients to resolve regular and complex issues related to divorce and end of registered partnership. Our goal is to ensure that clients benefit from a fair solution and that their interests are protected.

We can help with all matters related to divorce or end of registered partnership, including division of property, maintenance obligations, child support, parental legal custody and the preparation of related documents.

A marriage can be divorced by mutual agreement between the spouses at a notary’s office or the local vital statistics office. If the parties fail to reach an agreement, the divorce must be formalised in court.   

Division of joint property

Dividing joint property can be a difficult and emotionally stressful process, especially if the relations are already strained or disagreements arise during the divorce. Our experienced professionals can help clients clarify the issues involved in the division of joint property and discuss them with the other party. Our aim is to find solutions that are in line with the applicable legislation and fair to both parties. We also help clients draw up agreements that protect their interests in the future.

Cross-border division of joint property

If the spouses are from different countries, dividing the property can be even more complex. We will help find a fair solution and prepare the necessary documents. Our firm also advises clients on cross-border division of property and helps resolve issues relating to the laws and practices of different countries.

2. Parental legal custody, access and support matters

Parental legal custody

In matters related to access to and parental legal custody of children, it is always the most reasonable for parents to reach an amicable agreement out of court. Here, too, an attorney can be of great help. As an impartial person, an attorney can rationally and objectively assess the situation, which makes it more likely that a compromise will be reached. Parents’ mutual attempts to make agreements can fail, usually due to excessive emotionality and insults.

Restriction of parental legal custody

The parental legal custody of one of the parents can be restricted by a court if the parent shows no interest in the child and does not fulfil their duties under the Family Law Act. Such duties include, for example, the duty to care for the child and the child’s property and to make decisions concerning the child.

Read the article by an attorney at LMP Law Firm on access arrangements HERE!

Support

Support is awarded by the court. However, an attorney has a considerable role to play in determining the amount of support. Namely, an attorney can advise the support claimant on collecting the necessary evidence and assist in the preparation of arguments. It is also important to know that it is possible to reduce the amount of support once awarded by filing a relevant action in court.  In certain cases, support can even be reduced to zero (for example, if the child has moved to live with parent who pays the support).

The most common issues in support matters are:

Our attorneys can help you with all these issues.

3. Establishment and contestation of paternity

The man by whom a child is conceived is the father of the child. According to the Family Law Act, it is deemed that a child is conceived by a man who is married to the mother of the child at the time of birth of the child, who has acknowledged his paternity or whose paternity has been established by court.

A man whose paternity has been established on the basis of the marriage to the mother of a child or who has acknowledged paternity, the mother of a child and the child have the right to contest paternity.

Within one year after the birth of a child, paternity may be contested also by a man who applies for establishment of his paternity instead of another man.

Paternity can be established if no man has been identified as the father of the child and if paternity has been contested and the court has found that the child is not descended from the man whose paternity was contested.

Attorneys advise clients on matters of contesting and establishing paternity and represent them in court proceedings.

The attorneys and lawyers at LMP Law Firm have prepared some practical advice on family law matters  that you can read HERE.

If you can’t find your concern or question on the list, call us on 7 300 400 or write to info@lmp.ee and together we will find a solution to your concern.