Family law

Family law is part of civil law. Family law comprises the fundamental principles and legal rules governing marriage, cohabitation (unmarried partnership), relations between parents and children, foster care, guardianship and adoption. Because of the special nature of these relationships, party autonomy in family law is very limited, and the rules of family law are predominantly mandatory. Individuals have greater autonomy when entering into marriage or cohabitation or in a divorce by mutual consent, but this changes significantly when parental responsibility or children’s rights are concerned. Family matters are always personal and emotionally demanding. We therefore approach them with understanding and sensitivity, while being aware of the consequences that the breakdown of a family can have for everyone involved, especially children.

Since 15 April 2019, family relations have been governed by the Family Code (DZ).

Our company provides legal advice in various areas of family law, with most questions arising in relation to:

• divorce and the breakdown of cohabitation,
• custody and upbringing of children and contact with children,
• determining, reducing or increasing maintenance,
• division of joint property.

Spouses who do not have common children over whom they exercise parental responsibility, and who agree on the division of joint property, housing and maintenance, may also divorce before a notary (Article 97 of DZ). Where representation before a court is necessary, we help you work with an attorney (odvetnik).