Tuesday, January 31, 2017

How to write an application for divorce?


The Family Code provides for several cases of divorce - is the death of one spouse, the recognition of missing or deceased, at the request of a spouse (s). Divorce himself completely controlled by the state and carried out only in state bodies: the Magistrate's Court or the registrar. The reasons for divorce and the possibility of the family is not discussed here. This procedure is fairly easy, but it takes a lot of time. If the spouses have no minor children and mutually accepted solution, it is possible to get a divorce in the registry office. How to write an application for divorce? It shall be in writing on a special form issued by the registry office in the place of their residence. Give it should be at the place of marriage.
If the registrar one spouse could not come, then issue a separate statement. The notary must confirm the signature of the second missing. For parties registrar provides a month's time, then, on their hands a certificate of divorce, passports stamped divorce. The registry office can terminate the family unit and in the presence of minors on the submission of the statement of one spouse if the other was sentenced to more than three years or is considered missing.

How to share a contract for donation?

The procedure provides for registration of the share donation contract includes a number of actions envisaged by the law. First of all, you need to collect a list of documents that are needed for the contract, here typically include documents of title to the property (or part thereof). Then the parties stipulate all the conditions, often the side that gives part of any property, may specify the conditions of use of this gift.

Making the donation contract share Treaty, as a rule, be concluded in writing, it must contain a detailed description of the subject: what part offered, where the property is located, its main characteristics. It is desirable to specify the information (if any) on the persons who have access to the rest of the property.

This kind of deal is no charge, so it should not be provided that the donor in return transmitted any tangible or intangible benefits. At the conclusion of the contract of donation of the property does not require the consent of the other co-owners of this object.

Possible is also the conclusion of the transaction without the presence of the donor, in this case, must favor the presence of the power of attorney to sign the donation agreement is, which must indicate the subject of the transaction itself and the donee.
restrictions

There are also limitations. Such a deal can not be made legal representative of the incapacitated, limited in capacity, or a minor person on their behalf, as well as between business entities. Donee can not be civil servants, if the donation to some extent can be attributed to the performance of their duties or position.

Design is no different from the same document, the subject of which stands the whole object. Most often, this object serves real estate: house, apartment, land, garage.

On the basis of legislative acts notarization of the transaction is not mandatory, but if you want to party you can do. Registration of the contract giving the proportion of the property is mandatory: if the transaction is not registered in the management of the Federal Registration Service, it may be considered null and void. Registration takes place at the location of the property on the basis of the application, which serves the parties. On the document itself is specially provided for the registration sign, and evidence that confirms the right of ownership, issued to the donee.

It is from this point can be considered as a completed design.

Saturday, January 28, 2017

Acceptance into the inheritance



Under the actual adoption of the inheritance law is the fact that the heir is actually entered in control or in the right to property (house, apartment). Of course, if he had previously resided, and more, and was registered in the apartment or house that are hereditary mass, it is, for obvious reasons, it is in fact the owner of the property. Since he pays utility bills, landline phone and enjoy things and utensils in the apartment or house after the death of the testator.

Legal advice online as other evidence can be presented and the agreements that have been concluded with the organizations of the heir to repair apartments or, for example, the alarm unit in a residential area, meters of water or other utility equipment. These arguments are compelling notary can recognize and issue the necessary documents for the registration of his property rights without any problems.

However, the notary may refuse to issue such a successor document. The motive may be different: it is out of time; and the lack of documents that the notary considers necessary to provide. In this case, can only apply to the court. And with the help of witnesses, confirming the acceptance of a particular property or residence in a residential area, or other evidence presented to convince the court that he actually accepted the inheritance in a timely manner.

If the court decides that the heir to prove actual entry into inheritance, on the basis of the solution, the notary will give the citizen the necessary evidence. With this evidence, it is already possible to apply to the authority registering the rights to immovable property, and to receive the document of his right to the immovable part of the hereditary mass. Only after this procedure, the actual heir has the right to dispose of the hereditary estate. Acceptance into the inheritance

What is a lawyer in court


lawyers
Often there are situations in life when you have to defend their rights in court. Unfortunately, this is not always successful, as not all are knowledgeable of the laws. In such cases, the solution of the problem can become a lawyer.

Most people find a lawyer on the recommendations of friends who have a lot of experience, but they have a lot of customers, so too busy. In addition, these professionals charge for their services to high prices.

Today, thanks to the development of high technologies and the wide dissemination of the Internet, you can find a lawyer, and through the network. There are many companies that offer legal services. In such companies, qualified specialists are working to help protect the rights of its clients in various legal proceedings.

Usually the price of legal services depends on the complexity of the case and situation. Every lawyer, before you carry out assistance in court, the chances of his client, how high the probability of winning the case. The client has the opportunity to cancel the service if the lawyer assured that his chances are minimal. Between the client and the lawyer signed contract.

Typically, the service "help in court" means assistance in the following areas:

Civil cases, which may relate to housing, family, land, contractual and other disputes.
administrative disputes;
tax disputes - when it comes to challenging the tax fines or penalties are not provided for by law dimensions;
criminal proceedings.

Defending their rights in court is very difficult. Although the laws are written if so, that must be understood by all, often there are situations when very difficult to understand in the wilds zakonopistsev.

And there are cases when the judge does not meet the requirements of the law, especially when the party presented in court alone, without a lawyer. Most likely such a litigant may be subject to attacks of representative government - which links to the point of a law, properly formulated claim, this requirement is necessary to declare a separate application, there is no evidence, and others.

In our reality, winning every case in court depends on the professionalism of the lawyer representing the interests. In need of help everything from individuals to large organizations. In developed countries, the law prohibited to participate in court without a lawyer.
Family lawyer

Wednesday, January 25, 2017

Child protection

If a children's aid society believes a child needs protection because of neglect or abuse, or believes that a child is at risk of suffering harm, it can start a court application called a protection application.

A children's aid society may remove a child from his or her family, either temporarily or permanently. A children's aid society can also ask the court to allow it to supervise a child's care while the child is left with his or her parents, or other members of the child's family or community.

Once a court case has started, the court may direct the Office of the Children's Lawyer to assign a lawyer to represent the child. In child protection cases, the Office must assign a lawyer if requested by the court.

Custody and access

Court cases involving child custody and access usually involve a child's parents, but they can also include other family members. Sometimes the court needs independent information about the child's needs, wishes and interests and asks the Children's Lawyer to help. The Children's Lawyer determines what services, if any, will be provided, and can assign:
a lawyer to represent the child
a clinician to write a report for the court
lawyer and a clinical investigator to represent the child and a clinician.

The Office of the Children's Lawyer



The Office of the Children's Lawyer represents children under the age of 18 in court cases involving custody and access and child protection, as well as in civil, and estates and trusts cases.

The Office of the Children's Lawyer employs both lawyers and clinicians (social workers), who work on a fee-for-service basis across the province. Clinicians prepare reports for the court and help lawyers who are representing children.