Family and Inheritance Law
Our law office provides a wide range of legal services in the domain of family law. Disputes arising from family relations are extremely sensitive and complex, requiring expertise, diligence,
and maximum commitment to resolve them in the shortest possible time and in the least stressful way for the client.
Our services include:
- Divorce
- Prenuptial Agreement
- Division of Joint Property
- Exercise of Parental Rights
- Deprivation of Parental Rights
- Disputing and Establishing Paternity
- Child Support
- Domestic Violence
Divorce – If you have decided on a peaceful and consensual divorce, we will help you draft and file a joint request for divorce. Our goal is to make the process easier for you and protect your interests during property division and child custody. In case an agreement is not possible, we will represent you in court proceedings for divorce, initiated by filing a Complaint for Divorce.
Prenuptial Agreement – If you have decided on a contractual regime for regulating property, our law office provides services for drafting an agreement in accordance with the intentions of both contracting parties. This option exists for both spouses and future spouses. The agreement is concluded in the form of a notarized deed and is entered into the real estate cadastre if it concerns real estate. The notary public is obliged, during solemnization, to warn the contracting parties that this agreement excludes the legal regime of joint property, which the notary notes in the confirmation clause.
Division of Joint Property – Spouses may divide joint property both during the marriage and after its dissolution, which entails determining the co-ownership share. The division can be consensual, based on an agreement between the spouses in the form of a notarized deed, or judicial. If there is a dispute between the spouses regarding the right to property that is the
subject of division, the amount of the share, or which items belong to the joint property, division can only be carried out in litigation proceedings. The starting point is always the legal presumption that the shares of the spouses are equal; this is a rebuttable presumption, so spouses may prove otherwise.
In practice, we often encounter claims by a spouse that their share (more often his share) in the acquisition of property is greater due to higher earnings. However, the amount of the share in acquisition does not depend solely on the spouse’s income. Other forms of acquisition and
contribution, such as household management, care and upbringing of children, and care for the acquired property, are equally important criteria.
Engaging an attorney in disputes regarding property division is of utmost importance, especially in obtaining evidence about the origin of property acquisition. Therefore, it is necessary for clients to keep all documents proving the origin of property acquisition, both separate and
joint.
Exercise of Parental Rights
Parental rights are one of the most sensitive and important areas of family law. At the center of these issues are often the interests of children, and the decisions made can have long-term consequences on their lives. In cases of divorce or discord between parents, the law provides
guidelines on how parental rights are exercised, including issues of custody, visitation models, and maintenance obligations. If a consensual agreement between parents is not possible, the court makes a decision on the exercise of parental rights, i.e., which parent will be granted custody of the child. In such situations, legal representation by experienced attorneys is crucial to ensure the most favorable outcome for the client.
Deprivation of Parental Rights – The decision regarding the entrustment of a child can be changed by court decision if the parent to whom the child has been entrusted fails to fulfill their parental duties or does not allow the other parent to maintain personal contact with the child, which can also be grounds for complete deprivation of parental rights. However, much more common are cases where clients engage us in cases of partial deprivation of parental rights, when one parent obstructs the other’s right to exercise parental rights.
Child Support – In maintenance disputes, it is crucial to properly determine the capabilities of the parent as the maintenance debtor and the needs of the child as the maintenance creditor. In this sense, it is necessary to realistically assess the financial capabilities of the parent who is the maintenance provider, also taking into account the extraordinary income that the provider earns. In this regard, our services in these proceedings often consist of obtaining a decision that
will enable the highest possible amount of child support, first and foremost ensuring compliance with the Family Law, which stipulates: “If the maintenance creditor is a child, the amount of maintenance should ensure at least such a level of living standard for the child as
enjoyed by the parent who is the maintenance debtor.”
Domestic Violence – The Law on Prevention of Domestic Violence places emphasis on urgent protection of victims and swift response by judicial authorities. This law provides for protective measures for victims, such as urgent measures to remove the perpetrator from the apartment and a ban on approaching the victim, as well as the possibility of imposing long-term protective measures through the court. In cases of domestic violence, speed is of the essence, and victims certainly need an experienced family law attorney who will help initiate urgent measures that will protect the victim from further violence.
Inheritance Law
The Inheritance Law of the Republic of Serbia stipulates how property is inherited, whether based on statutory inheritance or based on a will. The law also regulates matters relating to the conclusion and interpretation of wills, division of property among heirs, and resolution of any
disputes that may arise during inheritance.
Our legal services in the field of inheritance law include:
- Drafting Wills
- Initiating Probate Proceedings, representation in litigation and other proceedings arising from inheritance law relations
- Drafting Life Maintenance Agreements and Agreements on the Assignment and Division of Property During Lifetime, as well as annulment and declaration of nullity of the aforementioned agreements and wills
- Declaration of a Missing Person as Deceased
We approach the law in a different way.