Advice and Litigation in Family Law

Litigation in family and matrimonial law refers to disputes that may arise between spouses or family members. These include divorce and custody rights, inheritance and the protection of vulnerable persons.

Divorces

Divorce may be sought for a variety of reasons, including disagreement between the spouses, adultery, abandonment of the marital home, domestic violence, etc. Divorce disputes can involve a number of different issues, such as :

  1. Childcare
  2. Maintenance payments
  3. Distribution of assets and debts
  4. Arrangements for visiting and accommodating children
  5. Compensatory allowance in favour of one of the spouses

Estates

Estate litigation refers to the legal disputes and disagreements that may arise in connection with the estate of a deceased person. Possible avenues for resolving these disputes may include mediation, conciliation, or litigation. Inheritance disputes may involve various issues, such as:

  1. The validity of a will or gift
  2. Determining heirs
  3. Distribution of the estate among the heirs
  4. Sharing assets and debts
  5. Inheritance fraud (concealment of inheritance assets)

Protection of vulnerable persons

These are judicial or administrative procedures designed to protect the rights and interests of people considered vulnerable because of their age, state of mental or physical health, disability or social situation.

  1. Child protection: procedures designed to protect the rights and interests of children in danger or at risk of danger. This may include procedures for educational assistance, placement in a foster family or specialised establishment, or withdrawal of parental authority.
  2. Protection of incapacitated adults: These are measures designed to protect the rights and interests of adults who are considered incapable of managing their affairs on their own due to a disability, mental illness or impairment of their mental faculties. This may include guardianship, curatorship or safeguard of justice procedures.

Managing Partner
Sylvie SEVIN & & Yanis SOUHAÏLI