Family disputes in Belarus

Disputes in family matters remain one of the most difficult categories of cases, both from a legal point of view and from an emotional point of view: often each of the parents, convinced that they are right, by their actions does not resolve, but only aggravates the conflict, in which the child is always a participant. It is important and necessary that a lawyer in a family case act not only as a representative of one of the parties, but also as a conciliator. For this reason, our team has certified mediators - professional conciliators who can resolve family conflicts without trial.

If it was not possible to settle the conflict out of court, then our lawyers are ready to provide you with the following legal assistance:

• dissolution of marriage, divorce of spouses;
• property division;
• determining the child’s place of residence;
• placing a child in foster care;
• determining the order of communication with the child;
• determination of the order of participation in the upbringing of a separate living parent;
• collection of alimony;
• reduction of alimony, change in the amount of alimony;
• deprivation of parental rights.

In a lawsuit, a number of questions arise before the parties to the dispute: is the estimated or market value of the property the basis for calculating the amount of the state fee for going to court? Is it possible to divide only part of the jointly acquired property in court? It is important to contact a lawyer in family matters in a timely manner, since errors in procedural documents can lead to negative consequences both for the plaintiff, for example, the claim may be abandoned or the initiation of a civil case may be refused, and for the defendant: lack of a reasoned position on the case reduces the defendant’s chances of proving his case in the dispute.

A special category of disputes consists of litigation involving foreign citizens.

Collection of alimony from a foreigner

There is an opinion that it is impossible to collect child support from an unscrupulous parent who lives outside of Belarus. This is wrong. The Republic of Belarus is a party to a number of bilateral agreements and international conventions that allow the recognition and enforcement of a Belarusian court decision without trial on the territory of a foreign state. Before initiating a legal dispute, we recommend that you contact us for advice to assess the prospects for litigation.

Changing the amount of alimony

According to Belarusian legislation, each parent must equally participate in the financial support of the child. At the same time, forced collection of alimony should not infringe on the rights or place other persons, for example, children from another marriage, in an unequal position. For this reason, the legislator has provided for a number of cases when the amount of alimony can be reduced at the request of one of the parents. As a rule, such issues are resolved in court, but if the court decision is positive for the plaintiff, the amount of alimony can be revised.

Division of marital property

As a general rule, in the event of a divorce, the jointly acquired property of the spouses is divided between them in equal shares. However, there are a number of exceptions to this rule, when the court can abandon this principle and increase the size of the share of one of the spouses. It is necessary to take into account that all property acquired during the marriage is subject to division: real estate, vehicles, funds on deposit, shares and shares in the authorized funds of business companies, etc. Contacting a lawyer regarding the division of property will allow you to form a reasoned position on the case and ensure the protection of your legal rights and interests in court.

Our family lawyers provide the following legal assistance:

• oral and written consultations;
• preparation of legal opinions;
• representation of interests in the courts of the Republic of Belarus;
• preparation of statements of claim, petitions, procedural statements in the case;
• preparation of objections to the statement of claim;
• preparation of legal documents, including marriage contracts, agreements on children, agreements on the payment of alimony;
• preparation of appeals and supervisory complaints;
• representing the interests of principals in the guardianship and trusteeship authorities, other bodies and organizations of the Republic of Belarus.

Contact us for further details.