Family disputes

Pre-trial dispute resolution (written pre-trial demands and proposals when direct communication is not possible)

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Pre-litigation dispute resolution in Kharkiv is a legal mechanism for resolving disputes without recourse to court proceedings through the preparation of written pre-litigation demands, claims, or settlement proposals, particularly in cases where direct communication between the parties is impossible or ineffective.

We provide full support in pre-litigation dispute resolution at all stages:

  • Preparation of legal documents

    A lawyer analyzes the circumstances of the dispute, the available evidence, and the parties’ legal positions, and prepares written pre-litigation demands, claims, or settlement proposals. The documents are carefully drafted in a legally sound manner, taking into account potential consequences and possible future court proceedings.

  • Legal assessment of violations

    A legal assessment of the dispute is conducted, evaluating risks, the prospects of resolving the matter without court proceedings, and the appropriateness of pre-litigation measures. The lawyer determines the optimal strategy in situations where direct communication between the parties is impossible or ineffective.

  • Assistance with issuing pre-litigation demands

    A lawyer ensures the accurate and timely service of pre-litigation demands or settlement proposals on the other party, oversees compliance with applicable deadlines, and secures proper evidence of delivery to protect the client’s interests in subsequent proceedings.

  • Post-hearing protection of interests

    After sending pre-litigation documents, a lawyer analyzes the response of the other party, advises on further steps, and, if necessary, prepares a legal position for court proceedings or the conclusion of a settlement agreement.

Pre-litigation dispute resolution in Kharkiv is a legally grounded procedure that requires strict compliance with legal requirements, proper drafting of written pre-litigation demands and settlement proposals, and a clear understanding of the legal consequences of further actions. In situations where direct communication between the parties is impossible or conflict-driven, a well-prepared written legal position allows for the formalization of claims, minimization of risks, and creation of a basis for resolving the dispute without court proceedings or for further legal protection in court.

By engaging our law firm in Kharkiv, you receive comprehensive legal support in pre-litigation dispute resolution at every stage. We analyze the circumstances of the dispute, prepare legally substantiated pre-litigation demands, claims, or settlement proposals, ensure their proper delivery to the other party, and explain possible scenarios for the development of the situation.

We have extensive practical experience in pre-litigation dispute resolution across cases of varying complexity and understand how critical properly structured legal communication is. Each case is handled individually, taking into account specific circumstances, the positions of the parties, and the prospects for settlement. Our goal is to ensure legal certainty, reduce emotional tension, and achieve the most effective outcome for the client.

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Our cases

Termination of parental rights

Enquiry:

His father, a businessman, did not want to be formally deprived of his parental rights and refused to pay child support. He participated in the proceedings through a solicitor and contested the claim.

What we do:

  • A series of reports were prepared and submitted to law enforcement and tax authorities to substantiate the illegal income schemes.
  • We conducted negotiations and ensured that the notarised documents were signed.
  • They drew up a legal strategy and succeeded in getting the father to admit the claim in court.

Result:

The court stripped him of his parental rights, and the child was placed in the care of a guardian who genuinely looks after her.

Case concerning the dissolution of a marriage registered in the UAE

Enquiry:

Such divorces are considered the most complex due to the possibility that the laws of a foreign country may apply, or because it may not be possible at all to hear the case in a Ukrainian court. The wife (our client) wished to divorce her foreign husband, with whom she had several children, all born and registered in various Arab countries. The marriage was registered in the UAE. Ukrainian courts require the original marriage certificate and retain it in the case file, but we did not have the original of this document. The couple had previously lived together in a foreign country, and under international law it was possible to apply the law of a foreign (Arab) state, which the husband sought to do in order to take the children.

What we do:

  • A court in Poltava refused to open proceedings due to the absence of the original marriage certificate and other objections regarding the lack of jurisdiction of the Ukrainian court over the case.
  • We filed for divorce at one of the courts in Kharkiv, having previously had two other cases on behalf of the client heard at the same court (concerning maintenance and determining the children’s place of residence with their mother) and won them.

Result:

We secured a court ruling granting a divorce without the original marriage certificate and in the absence of the respondent (the husband), obtained child support from the father, and established that the child would live with the mother.

Case concerning the termination of parental rights and adoption

Enquiry:

The client lived in a district town and sought to have the father’s parental rights terminated, as he had been absent from the child’s life for many years – he had not been in contact and had provided no support. However, the local child welfare service in that town was sympathetic to the father because they knew his family, who did not want their son to have his parental rights terminated, claiming it would be ‘a disgrace to the whole town’. The local child welfare service refused to assist, and so there was virtually no chance of winning the case in the district court.

What we do:

  • they registered the client in Kharkiv and enrolled her child in a school in Kharkiv; they brought the case before one of the courts in Kharkiv and also involved the Child Welfare Service in Kharkiv,
  • we received a favourable opinion from the Child Welfare Service regarding the appropriateness of terminating the child’s father’s parental rights, and we also obtained a court ruling in our favour,
  • The next step, also in one of the courts in Kharkiv, was the adoption of the child by the client’s husband.

Result:

The child’s ‘legal father’ was his wife’s husband, who had in fact already been fulfilling the role and duties of a father.