Family law

 

Family and personal law is the branch of civil law that deals with lineage, birth, adoption, marriage and divorce, and other matters related to the capacity, family relations, and competencies of individuals.

From birth, a human being acquires legal subjectivity and rights. In our legal system, a new legal subject is recognized provided the child is born alive and viable. The newborn acquires a series of rights from birth, such as the right to life. The child has, among other things, the right to a nationality, a domicile, the right to a name, the right to know their parents, and the right to maintain their identity.

The death of a person marks the end of their legal subjectivity. This also means they can no longer be the holder of concrete rights or obligations. For legal transactions, it is therefore of great importance to determine the exact moment of death. At that time, the inheritance opens.

A person's status is their personal legal situation that determines their possibilities in legal transactions in general or vis-à-vis certain people (for example, married or unmarried or kinship). These specific legal relations bound to the person are of public order and must be respected by everyone (for example, if the available portion is exceeded in a donation, it must be reduced). The status of a person is legally determined, both in terms of acquisition conditions and its scope. For example, one can only marry if all legal conditions are met, and marriage always has the consequences (duration, dissolubility, mutual rights and obligations) determined by law.

Filiation establishes the relationship between adults and children. When filiation is not established or is contested, it may be judicially determined, possibly after a DNA analysis. Filiation can also result from a parenthood project in the case of co-maternity or through adoption.

Marriage and legal cohabitation are legally determined forms of family formation. The access conditions and consequences are determined by law. Much of the legal relations between partners have been determined by the legislator and cannot be deviated from. It is possible to refuse to perform a marriage or accept legal cohabitation. In that case, one can summon the civil registrar to the family court.

Marriage can be dissolved through divorce, either unilaterally or by mutual consent. After the dissolution of the marriage, a settlement and division of the communal or undivided goods must take place.

Partners, ex-partners, children, and parents can file a lawsuit to compel the maintenance debtor to pay a maintenance contribution when it is not voluntarily paid.

You can come to us for the following services, among others:

• Advice or assistance in the context of a marriage or divorce
• Advice and assistance in the context of a settlement and division
• Advice and assistance in determining paternity
• Acting as plaintiff or defendant in a divorce proceeding
• Acting as plaintiff or defendant in a case for payment of alimony to the partner, ex-partner, or children
• Acting as plaintiff or defendant in the context of urgent and provisional measures between spouses or ex-partners
• Acting as plaintiff or defendant in a procedure refusing marriage or legal cohabitation
• Acting as plaintiff or defendant in a marriage annulment procedure
• Filing an appeal for the recognition of a foreign marriage
• If you wish to apply for the protective status of provisional guardianship
• If you wish to change your name or first name