office-negotiation

Various matters of family law are a part of the everyday work of our lawyers at Tammer-Juristit.

Either one or both spouses can apply for a divorce. The divorce application process consists of two stages. As a general rule, a divorce will not be granted until a second application is submitted after a six-month reconsideration period. If the spouses have been living apart for the past two years, however, the divorce will be granted without the reconsideration period. In connection with a divorce, the local District Court often has to resolve issues pertaining to a maintenance allowance (child support or alimony), guardianship issues, issues pertaining to the right to see children, issues pertaining to housing, and possibly also restraining order issues.

In the future (as soon as we are able to launch the service) you can easily and affordably submit a divorce application or draft a prenuptial agreement in our online service at www.nettisopimus.fi. Once the service is launched, you will no longer need any lawyers to draft a prenup: instead, you can do it yourself online.

Parents are responsible for providing for their children according to their abilities. When the ability of a parent to provide for their child/children is being assessed, issues that are taken into account include the parent’s age, working capacity, opportunity to engage in gainful employment, liquid assets and any other legal obligations to provide maintenance.

A demand on terminating the living together can be combined with a divorce application. In such a case, the court will decide – based on the spouses’ housing needs – which of the spouses may continue to live in the shared home and which spouse must move out.

Dissolution of cohabitation refers to a ‘divorce’ when the spouses are not married or in a civil partnership.

Division of the property of the spouses cannot be completed until the processing of the divorce application at the District Court has started. If neither of the spouses has any marital rights to the other spouse’s property, only a separation of property instead of a division needs to be performed. This is the case when the marital rights to property have been excluded with a prenuptial agreement, for example. A prenuptial agreement or prenup is an agreement where the spouses or the betrothed agree on how their property should be divided in case they get a divorce.

An adjustment of the division of the property of the spouses is possible if the division is considered unreasonable or offers one of the spouses unjust enrichment. Issues that will be taken into account during the adjustment include duration of the marriage, what the spouses have done to benefit the shared household as well as what the spouses have done to gain property and retain it.

Linked by Expertise TM