Family law consists of a set of rules governing the relations between spouses and cohabitants, and our lawyers have lengthy and wide-ranging experience of all the different legal issues that can arise in this area.
The rules governing marriage are laid down in the Marriage Act. As far as cohabitants are concerned, there are fewer regulations governing their relations, though the general rules laid down in the Common Household Act do cover certain areas such as joint residence and household effects, while the Children Act applies to all those who have children together.
It is the Marriage Act that governs the legal relations between spouses, as well as the distribution of assets and possessions after marital breakdown. The Marriage Act also includes rules governing the conditions for contracting a marriage, the procedure followed at dissolution of marriage, and maintenance payments.
The rights of spouses in connection with separation and divorce are determined largely by the arrangements the couple make and their financial situation during the marriage.
Our legal team can provide advice, by drawing up a pre-divorce checklist and assisting in negotiations. All our lawyers have extensive procedural experience and can support clients in cases that cannot be resolved outside the courtroom.
Basically, there is no law that regulates the legal position of cohabitants. No joint property is established in the course of their relationship; each cohabitant basically owns his/her own property. But even though cohabitants do not have any joint property arrangement, disagreements and disputes may still arise. These may revolve around:
- who owns what, and
- who shall take over what.
Dalan’s legal team can provide assistance with contractual matters, as well as providing advice and representing clients after the breakdown of relationships.