Family cases make up a specific category of case due to the high level of emotions that they evoke in parties to the proceedings.
By entrusting your family case to one of the lawyers or legal advisors with the team of our Law Firm, you entrust not one lawyer, but the entire team working on your employee. Therefore, you can have proof that yours and your family's - after all - the case is in the hands of professional people who will not only approach it as lawyers, but also will not forget to assess its character. establishing that family matters (such as divorce, separation, alimony, contact with a child) require not only knowledge of family law and experience, but also input, intuition and discretion.
Family cases, and in particular divorce cases, are one of the main specialities of attorney legal counsel Bartosz Kowalak and legal counsel Joanna Jędrzejewska.
Our main fields of activity in terms of family law are:
- divorce and separation (at-fault divorce, no-fault divorce, appeal for the eviction of a spouse, etc.)
- cases involving the division of joint assets (settlement of unequal shares of joint assets, settlement of expenditure, etc.)
- alimony cases and the repeal of alimony obligations (child alimony, spouse alimony, etc.)
- cases for the determination or refutation of paternity
- cases concerning the determination child contact
- cases concerning parental authority
- incapacitation cases
Family Law Poznań ( Poland), Family Lawyer Poznań (Poland)
As lawyers involved in family matters on a daily basis, we offer advice and support whenever the client needs it. Family matters are primarily emotions, stress, time and the need to comply with legal procedures.
The assistance of a lawyer or legal adviser allows the Client to limit their participation in the case to a minimum, while maintaining the certainty that the case is handled by a professional and is heading in the best possible direction.
Divorce Poznan: Family matters, and in particular divorce cases, are one of the basic areas of the practice of Bartosz Kowalak, legal adviser, Joanna Jędrzejewska, and Anna Konrady, attorney.
We usually help our Clients in the field of Family Law in the following types of cases:
• divorce (both for divorce with a verdict of guilt or divorce without adjudication of guilt), in accordance with Polish law and in a Polish court
• we also conduct particularly difficult divorces, where there is a dispute between the spouses as to fault,
in accordance with Polish law and in a Polish court
• alimony, parental authority, in accordance with Polish law and in a Polish court
• contact with the child, or a dispute as to the division property, in accordance with Polish law and in a Polish court
• separation, including separation at the joint request of the spouses, in accordance with Polish law and in a Polish court
• to determine the existence or non-existence of a marriage, in accordance with Polish law and in a Polish court
• for annulment of marriage, in accordance with Polish law and in a Polish court
• for the abolition of separation, in accordance with Polish law and in a Polish court
• for incapacitation, in accordance with Polish law and in a Polish court
• for denial of paternity or maternity, in accordance with Polish law and in a Polish court
• for the solution of adoption, in accordance with Polish law and in a Polish court
• to annul the recognition of the child in accordance with Polish law and in a Polish court
• for the establishment of marital property separation, in accordance with Polish law and in a Polish court
• including the establishment of property separation with a retrospective date,in accordance with Polish law and in a Polish court
• cases for maintenance for a minor child, an adult child or an elderly person,
• alimony cases for a former spouse, in accordance with Polish law and in a Polish court
• cases for increasing or decreasing the maintenance obligation, in accordance with Polish law and in a Polish court
• cases for repealing the maintenance obligation; in accordance with Polish law and in a Polish court
• for adoption, in accordance with Polish law and in a Polish court
• for permission to get married, in accordance with Polish law and in a Polish court
• for permission to grant a power of attorney to declare marriage, in accordance with Polish law and in a Polish court
• for exemption from the obligation to submit or present to the registry office a document needed to conclude a marriage, in accordance with Polish law and in a Polish court
• for exemption from the obligation to present a document needed to enter into a marriage, in accordance with Polish law and in a Polish court
• for permission to perform activities exceeding the scope of ordinary management of the joint property of the spouses,
• decision on important family matters, in accordance with Polish law and in a Polish court
• for depriving one of the spouses of independent management of joint property, to order the payment of remuneration for work or other benefits to the other spouse,
• to exclude the spouse's liability for obligations incurred by the other spouse in matters arising from meeting the ordinary needs of the family, in accordance with Polish law and in a Polish court
• divisions of joint property, including divisions with the determination of unequal shares in the joint property of spouses, settlement of outlays on property;
• paternity cases (paternity determination/paternity denial);
• maternity denial cases, in accordance with Polish law and in a Polish court
• regulating contact with the child, both for one of the parents and grandparents;
• change of the judgment adjudicating divorce or separation in the part concerning parental authority,
in accordance with Polish law and in a Polish court
• all proceedings regarding parental authority, including cases for its limitation and deprivation, such as: for granting parental authority, for entrusting the exercise of parental authority,
• for limitation of parental authority, in accordance with Polish law and in a Polish court
• for suspension of parental authority, in accordance with Polish law and in a Polish court
• for deprivation of parental authority,
• for the restoration of parental authority,
• for prohibiting personal contact with the child,
• for a decision on important matters of the child,
• for permission to perform a legal transaction exceeding the scope of ordinary management of the child's property,
• to regulate contact with a minor,
• for the establishment of guardianship over a minor,
• for the establishment of guardianship of an adult,
• to appoint a guardian for a partially incapacitated person,
• for the appointment of a probation officer for a minor in juvenile proceedings regulated by the provisions of the Act of 26 October 1982 on juvenile proceedings (consolidated text, Journal of Laws of 2002, No. 11, item 109, as amended), cases arising from the Act of August 19, 1994 on Mental Health Protection (Journal of Laws No. 111, item 535, as amended) - to pick up a person subject to parental authority or under care.
• Criminal cases: crimes against the family (non-maintenance, abuse, etc.),
Why Us: Methodology of conduct of our attorneys and legal advisors. Family law cases are characterized by a very high emotional burden. A client who has to legally regulate various issues related to the people closest to him or her is often confused and does not know the legal possibilities. He often finds it difficult to separate his emotions from his cool assessment of himself or his loved ones. Lawyers from our law firm will first of all help you find your way around the legal situation on the grounds of family law. If necessary, they help to develop a pre-trial action strategy, prepare lawsuits in family proceedings, responses to the lawsuit and further pleadings, participate in court hearings before the family court, mediation proceedings and initiate settlement negotiations on their own, and finally prepare means of appeal against judgments ending the case or those issued in the course of the proceedings. The lawyer is able to advise on what evidence should be presented in court, on what circumstances and facts to place particular emphasis, so that the outcome of the case is as close as possible to the client's expectations. At the same time, we are honest, we do not promise solutions that are impossible to obtain, especially since the court must weigh the arguments of both parties, and in the case of a child, first of all, be guided by its interest, but we present all the risks and opportunities so that you can fully consciously decide on the most important matters related to with your family. Therefore, if you are from Poznań or the surrounding area and are looking for a lawyer in Poznań for a family case, our law firm is certainly a good address. At the same time, we do not close ourselves to clients from other places, as a rule, we conduct cases throughout the country. The course of the visit to the family lawyer in Poznań A legal problem, like a medical problem, requires diagnosis first. During the Client's first visit to the Law Firm, our lawyer will familiarize himself with the actual situation in detail, trying to collect as much information about the problem as possible. for this purpose, the lawyer will listen to the client and ask a number of questions to define the problem as precisely as possible, its scale and the client's expectations. In the further course of legal advice on family law, he will discuss the client's legal situation, present optimal solutions, indicate problems and risks related to conducting a given family case and recommend further course of action. In a situation where a family lawyer presents a pre-trial or already procedural strategy and the client accepts it, the lawyer, legal counsel from our law firm will help to carry out all the formalities. In this regard, we prepare lawsuits, applications, legal opinions, contracts and other necessary documents for our clients, we also participate in negotiations and provide mediation. In addition, we represent clients in court proceedings in all instances. You can find out how individual family matters are handled from the tabs below: Lawyer's assistance in the case of DIVORCE and SEPARATION in Poznań Poznań is no exception on a national scale and also in Poznań, on average, every third marriage breaks up due to divorce - 6,000 divorce judgments are issued annually before the District Court in Poznań. It is true that a divorce case is not very complicated from a legal point of view, but the divorce process is certainly accompanied by great emotions and often mutual grievances of the conflicting spouses. What translates into contradictory conclusions and aspirations of the parties to the process The role of a professional attorney, a divorce lawyer, is to control them, out of concern for the divorce proceedings to end as soon as possible. Divorce can proceed quickly and end even "at the first hearing", if the parties do not agree to decide on guilt and present a similar procedural position. The role of a divorce lawyer is only to convince the court (in Poznań it is the District Court in Poznań) that the breakdown of the marriage (understood as the sum of spiritual, economic and physical bonds) has taken place. The situation becomes more complicated when the divorced have minor children. Then, as part of the divorce proceedings, issues related to the child's place of residence, parental authority, alimony or contact with children will also be resolved. Precise preparation by a divorce lawyer of a lawsuit or a response to a lawsuit, with a specific indication of demands, applications and arguments, is an appropriate basis for conducting a divorce case in an effective and least psychologically burdensome way for the party to the proceedings. It happens, however, that as a result of tense relations, the party or both spouses demand the dissolution of the marriage with a ruling on the sole fault of the spouse. Of the 6,000 divorce cases that the Regional Court in Poznań hears every year, such a ruling is issued in as many as ¼ of divorce judgments. If you want to prove the fault of the other person in the breakdown of your marriage, remember that you have to prove it in court. Mere conviction of the other spouse's guilt is not enough. For this purpose, the role of the lawyer is to indicate a number of different means of evidence - witnesses, documents or materials from a private detective. Of course, conducting divorce proceedings with a plea for a guilty verdict is more time-consuming and can lead to the disclosure of intimate details of the relationship, which not everyone wants. For clients who decide to end their marriage in this way, our family lawyers and solicitors will help to develop a trial strategy tailored to their individual situation. Success in divorce proceedings includes: cooperation and mutual trust between the client and his representative. Lawyer in the case of Child Maintenance in Poznań Attorneys and legal advisers from our Law Firm have extensive experience in conducting family cases, including alimony, representing both persons claiming alimony and defendants for their payment. And this is before the Family Courts in Poznań as well as in Szamotuły, Września, Gniezno, Konin, Jarocin, Pleszew, Słupca and other cities in Greater Poland and Poland. It should be remembered that in alimony cases, the principle of equal living standards of both parties applies. In court proceedings, the role of a lawyer who conducts a maintenance case is to demonstrate the justified needs of the person entitled to maintenance and the financial capacity of the obligor. The amount of alimony awarded is the resultant of these two components. Our lawyers know how to effectively fight in a family court for high child support, especially how to prove the father's/mother's earning capacity and the child's needs. On the other hand, we have experience in defending child support defendants against artificially inflated living expenses and other claims. A change in the life/property situation of each of the parties to the maintenance relationship may be the basis for demanding their reduction or increase. You should also remember about the possibility of awarding maintenance for a former spouse or an elderly person (parent). We manage to settle many alimony cases, which saves our clients time, stress and money. Attorney at Proceedings concerning Parental Authority in Poznań Parental responsibility is both the obligation and the right of parents to exercise custody over the person and property of the child and to bring up the child, with respect for its dignity and rights. As a rule, both parents are entitled to it until the child reaches the age of majority. Sometimes it is necessary for the court to intervene in its implementation in order to protect the best interests of the child. Our family attorneys participate in proceedings aimed at limiting parental authority, suspending it or depriving one or both parents of parental authority. Lawyer for Contacts with children in Poznań The right to contact the child is one of the basic attributes of parenthood. Independent of parental authority. It is both a right and an obligation, which can be implemented not only in the form of personal meetings, but also, for example, by means of various means of distance communication. Even a parent who is deprived of parental authority has the right to contact the child. Our experience as family lawyers in Poznań shows that the issue of contact with the child often remains one of the strongest areas of conflict between former partners, the second such are financial matters. Our lawyers help to regulate contact with the child in a way that is satisfactory for both parties, also when one of the parents refuses the right to see the child or makes it difficult. A family lawyer will help you precisely formulate the application to regulate contacts. The more detailed and accurate we present our expectations and the more precise the decision is issued by the court, the greater the chance of avoiding, or at least minimizing, misunderstandings and doubts in the implementation of the right to access the child. It is worth remembering that grandparents may also demand a judicial regulation of contact with the child. Attorney in the case of division of joint property in Poznań The division of joint property is usually the last element that the former spouses must settle. Often, having negative experiences related to divorce, they postpone the division of joint property in time. However, it is also worth regulating the issues of joint property in order to finally close the stage of life related to the former partner. The division of joint property does not have to end up in court and mean fighting for each asset. Our lawyers from the law firm in Poznań help to carry out the division of property in an efficient manner, with the settlement of all expenses that will be possible. In the Law Firm, we have already worked out the division of assets containing shares in companies, entire enterprises or indebted real estate. It should be added that also property accumulated by former cohabitants, of the opposite or same sex, may also be a cause of conflict when dividing it. Our attorneys and legal advisors have also handled cases of this type. Lawyer in the case of Crimes against the family in Poznań Recently, the legal provisions regarding the evasion of paying maintenance have been tightened - the crime of non-maintenance. This means that many maintenance debtors may be really afraid not only of the bailiff, but also of law enforcement authorities. At this point, it is the attorney's duty to remind that it is a crime to evade the performance of the maintenance obligation specified as to the amount by a court decision, a settlement concluded before a court or other authority or another agreement, if the total amount of arrears resulting from this is the equivalent of at least 3 periodic benefits or if the delay in the outstanding non-periodic benefit is at least 3 months. For people who are unsuccessfully trying to enforce alimony, this is an additional opportunity to discipline the maintenance debtor. It is worth remembering that a lawyer may not only be a defender in a criminal trial of the maintenance debtor, but may also act as a representative of the aggrieved party. In any criminal proceedings, it is worth using the professional assistance of a lawyer already at the stage of preparatory proceedings, so that the lawyer or legal adviser can participate in the initial activities, e.g. in questioning witnesses at the police or prosecutor's office. The second category of criminal cases having their source in family law are offenses related to abuse of a family member. Again, a lawyer can help defend against false accusations or help convict the real offender.
Attorney in the case of establishing paternity/denial of paternity in Poznań In Polish law, there is a presumption of paternity of the mother's husband, according to which if a child was born during the marriage or within three hundred days of its dissolution or annulment, it is assumed that it comes from the mother's husband. It is common for a woman to decide to give birth to a new partner before the divorce proceedings are over and the period mentioned above has elapsed. Despite the separation of the former spouses and the certainty that the father of the child is the current partner, in the light of the law it will be the former husband. Such a situation may be regulated by way of a court action for denial of paternity. The regulations specify a short time frame for bringing it, so it is worth seeking legal advice from a lawyer or legal adviser in advance to know what actions to take after the birth of the child. In our legal practice, we conduct paternity cases, in which we also regulate the issues of child support.