Advocate OfficeAttorney Anna Gręda-Adamczyk
The law firm Anna Gręda-Adamczyk, attorney-at-law, based in Łódź, provides professional legal assistance to individual clients at every stage of the proceedings in the field of family and inheritance law. In addition, we provide comprehensive mediation services for individual and corporate clients.
Attorney Anna Gręda-Adamczyk
The law firm of Anna Gręda-Adamczyk in Łódź deals with: providing legal advice, representing clients before the court and other state administration institutions, drawing up and giving opinions on documents or legal acts. We provide legal advice for our clients not only in the city of Łódź and the Łódź Voivodeship. For people living in other provinces or living abroad, we have made available the possibility of obtaining legal advice via the Internet.
We advise natural persons (individual clients) on matters of everyday life, for example: conclusion of contracts, confirmation of inheritance acquisition, rejection of inheritance, payment of legitim, recovery of debts, divorce, alimony, determination of paternity. We offer comprehensive legal services to entrepreneurs (corporate clients), including - in particular - commercial negotiations, drafting contracts, giving opinions on commercial contracts, representation in court disputes and representation in enforcement proceedings.
The lawyer approaches each client individually and highly professionally and is highly involved in his legal matters.
Family law, which regulates all family matters (property and non-property), is part of civil law. The main source of family law in Polish legislation is the Family and Guardianship Code, which supplements the applicable provisions of the Civil Code. Read what are the most common cases in the field of family law, what is the difference between divorce and separation, how to get a divorce, when you have to pay maintenance and how joint property is divided after the dissolution of the marriage, and what happens after the annulment of the marriage.
Family law is a branch of law that deals with the legal regulation of family matters. Both personal and property matters related to its establishment and termination are subject to legal regulation.
Family and guardianship law as well as family matters concern issues such as:
The main principle of family law is the principle of the welfare of a minor child , but the principle of the welfare of the child has not been explicitly regulated in the law.
The concept of the best interests of the child has no legal definition. In the jurisprudence of the courts, the welfare of the child is commonly recognized as a set of spiritual and material values necessary for proper physical and spiritual development, both in the intellectual and moral aspects, as well as proper preparation to work for the good of society.
Below we publish all the most important matters related to family law.
In Polish law, alimony, i.e. the maintenance obligation has been widely regulated. Alimony belongs to:
Of course, child support cases are the most common. Their aim is to provide the child with funds to cover the maintenance (food, purchase of cosmetics, medicines, etc.) and upbringing (education, education, etc.).
To obtain alimony, you must file a child support claim with the court . One should not forget about the existence of the maintenance obligation also during a divorce: meeting the needs of the family and after the divorce: alimony for the former spouse who is in need or his standard of living has been significantly reduced.
Family law also deals with property relations between spouses. By law, there is usually a statutory matrimonial property regime between spouses, unless the spouses agree otherwise.
Joint property is generally all assets acquired by one or both spouses during the marriage. In order to exclude it, a marriage contract must be concluded before a notary public (the so-called prenuptial agreement). This can be done before or during the marriage. Many times during the marriage, the spouses can change the regime.
Joint property may be divided:
A final judgment dissolving a marriage by divorce (divorce judgment) and a final judgment adjudicating separation (separation judgment) between the spouses is tantamount to termination of the statutory matrimonial property regime. Then you should consider dividing your assets.
Is it possible to divorce and divide property at the same time? During the divorce case and in the divorce decree, joint property can be divided (division of matrimonial property). It is the fastest and cheapest solution.
If the divorce judgment does not contain a decision on the division of joint property, it can be divided by way of court proceedings for the division of joint property after the divorce, as well as by way of an agreement on the division of matrimonial property before a notary public.
Parental responsibility and parental rights - is there a difference? The Family and Guardianship Code (KK) regulates the issue of parental authority.
Parental rights are a colloquial synonym for parental authority. Parental responsibility is the right and obligation to exercise custody over the person of the child and over the child's property. It belongs to both parents.
The court has the right to interfere with parental authority by limiting the parental authority of the mother or father or depriving the mother or father of parental authority.
Restriction of parental rights (in fact, limited parental rights) consists in the fact that the parent may co-decide on certain important matters of the child with the other parent, and on certain important matters of the child he cannot co-decide with the other parent (only the first parent decides).
Deprivation of parental authority leads to the inability to co-decide on any important matters of the child. In the divorce judgment, the court must rule on the parental authority of the mother and father after the divorce.
In Polish law, the ancient principle of presumption of descent from the mother's husband ( presumption of paternity ) applies.
The rule is that if a child is born during the marriage or within 300 days of divorce or separation, it is presumed that the child comes from the mother's husband.
If a married woman gave birth to a child and it is not the biological child of the mother's husband, a case for denial of paternity (rebuttal of the presumption of paternity) should be initiated .
Read more about what a paternity case looks like .
Incapacitation is basically the civil death of a person.
A person who has reached the age of thirteen may be completely incapacitated if, due to mental illness, mental retardation or other mental disorders (in particular, drunkenness or drug addiction), he is unable to control his behavior (this is the so-called total incapacitation ) .
An adult may also be partially incapacitated due to a mental illness, mental retardation or other mental disorders, if that person's condition does not justify total incapacitation, but assistance is needed to run their affairs (this is the so-called partial incapacitation ) .
An incapacitated person has a legal guardian (if there has been a complete incapacitation) and a probation officer (if there has been a partial incapacitation).
The incapacitation procedure looks like this: a relative may file a duly substantiated application for incapacitation. By order of the court, the application for incapacitation was dismissed or considered.
Many people wonder if it is worth choosing a lawyer to conduct a family case. A family lawyer should be characterized by extensive knowledge in the field of family and guardianship law, psychology and forensic psychiatry.
A family lawyer helps you to secure your child's present and future situation.
The lawyer will direct the proceedings and point out what evidence is worth presenting in court. If you need legal assistance, please contact the Law Office of Anna Gręda-Adamczyk, advocate, who specializes in family law.
Our law firm provides legal assistance at the office and provides legal advice online .
The law firm of attorney Anna Gręda-Adamczyk comprehensively deals with inheritance matters. so-called inheritance law fully regulates all the rights and obligations of a deceased natural person. Inheritance matters are quite common because each of us will be a testator and the vast majority of us will be an heir. For this reason, it is worth knowing your inheritance rights and the related inheritance obligations.
Inheritance can be defined as all the rights and obligations belonging to the testator at the time of his death and passing to his legal successors by way of inheritance. The inheritance law is governed by:
Inheritance laws are amended very often. The lawyer is often asked by clients about the new inheritance law in a specific year, e.g. in 2020 and 2021.
The inheritance opens with the death of the testator. Inheritance law governs who inherits from whom. However, many authorities (e.g. housing associations) require the heir to document his or her inheritance rights.
This can be done by initiating court proceedings to confirm the acquisition of inheritance by submitting an application to the district court competent for the place of residence of the testator to confirm the acquisition of inheritance (application for inheritance).
Acquisition of inheritance depends on the will of the heir. The inheritance can be accepted (acceptance of the inheritance directly or with the benefit of inventory) or rejected ( rejection of the inheritance ).
Most often in legal practice there are inheritance cases after parents: inheritance after mother and inheritance after father.
The law of inheritance regulates the rights and obligations of the deceased person, which contains information about who has the right to inherit. Not only assets, e.g. movable and immovable property, are inherited, but also liabilities (debts).
Inheritance of debts is an important legal issue that is regulated by inheritance law. Often customers ask to which generation the inheritance of debts occurs? There are no restrictions.
Even great-great-grandchildren can inherit the debt. Most often, it comes to inheriting debts from parents. Who inherits the debts? Heir.
The inheritance does not have to be accepted directly or with the benefit of inventory. An inheritance may be waived (this is colloquially referred to as an inheritance waiver or inheritance renunciation ).
How to reject an inheritance and how to renounce it? A statement on the rejection of the inheritance/renunciation of the inheritance must be made before the court or before the notary public.
Before rejecting the inheritance, it is worth considering who will inherit/inherit after the rejection of the inheritance and whether the rejection of the inheritance is indicated in the specific legal and factual situation of the client.
A donation agreement is a type of agreement that aims to provide the recipient with benefits free of charge at the expense of the donor's property.
The donation may concern movable property (e.g. car donation) and real estate (e.g. apartment donation). In certain cases provided for by law, the donee may be required to pay a reserved share (donation share) when he/she became the owner of the thing on the basis of the donation.
Please note that a donation can be revoked in court.
An important issue of inheritance law is the legitim . Clients often ask for legal advice from an inheritance lawyer about the issue of the legitim of their parents.
Donation and legitim - is it related? As a rule, donations are counted towards the estate (gift from the donation). A reserved share may be due when the inheritance is statutory (statutory inheritance and the reserved share) and when the inheritance is testamentary (testament and the reserved share).
The testator's descendants (children, grandchildren, great-grandchildren, etc.) and his spouse are entitled to a reserved share . How much is the retention?
The amount of the reserved share is half the value of the share that would accrue to the entitled person in the case of statutory inheritance, with the proviso that if the entitled person is a minor or the entitled person is permanently incapable of work, this amount is two-thirds of the value of this share.
In the field of inheritance law, it is important to know about inheritance and gift taxes. As a rule, there is an inheritance tax.
Nevertheless, the law provides for a number of cases in which the testator will not be obliged to pay tax due to the acquisition of inheritance, e.g. tax on inheritance from parents.
Inheritance taxation is handled by lawyers specializing in tax law and tax advisors.
There are two types of inheritance proceedings. You can:
The choice of procedure depends on the specific legal and factual situation in which the client finds himself.
Before making any decision related to the law of inheritance and making a legal act that affects the succession of the persons concerned, it is worth consulting a probate lawyer .
A probate solicitor will explain all the options and their costs and consequences. A probate lawyer has the greatest opportunity to act before the opening of the estate (i.e. before the death of the testator). Inheritance cases as a derivative of family matters are comprehensively handled by the law firm of adw. Anna Greda-Adamczyk .
Our law firm provides legal assistance at the office and provides legal advice online .
