Frequently asked questions

Yes. Everything you tell us is confidential from the first conversation, whether or not you go on to instruct us. That is a professional obligation rather than a courtesy. Please note, though, that confidentiality is not the same as an attorney–client relationship — the latter begins only once we have agreed in writing to act for you.

Fees depend on the nature and complexity of the matter. For consultations, document review and written legal opinions we can usually quote a fixed fee in advance, so you know the cost before the work begins. For litigation we discuss the fee basis at the outset and confirm it in writing. We would rather have a frank conversation about cost early than surprise a client later.

In most cases, yes. We act regularly for clients in the diaspora. Documents can be exchanged by email and consultations held by telephone or video call. Where steps must be taken here in Ethiopia — filing a case, obtaining a certificate of heir, transferring property — this can generally be done under a properly executed and authenticated power of attorney. We will tell you exactly what needs to be signed, and where it needs to be authenticated, before you incur any expense.

Bring whatever documents relate to the matter: contracts, title deeds, correspondence, court papers you have received, a marriage or death certificate, business registration documents. If you are not sure whether something is relevant, bring it. A consultation with the documents in front of us is far more productive than one without them, and it lets us give you a concrete assessment rather than a general one.

A divorce is commenced by presenting a petition to the competent court. The court has authority not only to dissolve the marriage but to determine the consequences: how common property is divided, arrangements for any children, and any maintenance payable. Which court is competent depends on where the parties reside and where the marriage was concluded. Family matters are governed principally by the Revised Family Code, Proclamation No. 213/2000, although several regional states have their own family codes that follow it closely.

The Revised Family Code distinguishes between each spouse's personal property and the common property of the marriage. Property acquired during the marriage is generally presumed to be common unless a spouse proves otherwise — for example, that it was owned before the marriage or received by inheritance or donation. That presumption is significant in practice, because it places the burden of proof on the spouse claiming an asset is personal. Documentary evidence of when and how an asset was acquired is usually what decides these disputes.

The governing standard in every decision concerning a child is the best interests of the child. Courts consider the child's age and circumstances, the practical capacity of each parent to provide care and, depending on the child's maturity, the child's own wishes. It is worth understanding that custody and parental responsibility are distinct: the parent with whom a child does not live retains rights and duties toward that child.

Yes. Maintenance is a continuing obligation and can be revisited if circumstances change materially — a significant change in either parent's income, a change in the child's needs, or relocation. An order made at the time of divorce is not necessarily permanent. Equally, if an order is being ignored, it can be enforced.

Yes. The Revised Family Code recognises marriage concluded before an officer of civil status, marriage concluded according to religion, and marriage concluded according to custom. Once validly formed, all three produce the same legal effects between the spouses. In a dispute, however, the existence of a religious or customary marriage may need to be proved before any other claim can proceed — which is why we often begin such matters with an application concerning proof of the marriage itself.

The estate passes according to the rules of intestate succession in the Civil Code of 1960. The Code distributes the estate among defined classes of relatives, beginning with the deceased's children and their descendants. Where there are no descendants, the estate passes to the parents and their descendants, and failing them to more remote ascendants and their lines. The order is prescribed by the Code; it is not a matter of the court's discretion.

Application is made to the competent court, which is generally determined by the deceased's place of principal residence at the time of death. You will need the death certificate and evidence of your relationship to the deceased. The certificate matters practically as well as legally: banks, land administration offices, share registries and transport authorities will normally require it before releasing or transferring any asset of the estate.

The Civil Code recognises three forms: a public will, made and signed in the presence of the required witnesses; a holograph will, written entirely by the testator personally and clearly stating that it is intended as a will; and an oral will, which is permitted only in narrowly defined circumstances and is valid for a limited purpose and period. Formal requirements are strictly applied. A will that expresses the testator's wishes perfectly but fails a formal requirement can be set aside entirely, which is why having a will properly drawn is worth the modest cost.

This is one of the most common inheritance disputes we see. Before the estate can be partitioned it must be liquidated — the assets identified, the debts settled, and the remainder divided. Where an heir in possession will not account, the court can be asked to order the production of estate property and, where the heirs cannot agree on division, to order partition, including by sale and division of the proceeds. Acting promptly matters, because assets become harder to trace over time.

It varies considerably with the complexity of the matter, the court, and whether the other side contests every step. It is realistic to plan in terms of months rather than weeks, and a contested matter that goes through appeal can run considerably longer. We give clients a realistic estimate at the outset, and we will tell you when settling is likely to serve you better than litigating — recovering part of a claim now is often worth more than a judgment for the full amount years from now against a debtor who may no longer be able to pay.

Yes. Civil claims are subject to limitation periods, and the applicable period depends on the type of claim. Some are shorter than clients expect. If you think you may have a claim, take advice promptly — a claim that has expired cannot be revived, and finding this out before filing fees are paid is considerably better than finding it out after.

Contact a lawyer immediately — what happens in the first days of a criminal matter often shapes everything that follows. Note where the person is being held and which police station is handling the file, and avoid discussing the substance of the allegation over the telephone. Under the Constitution an arrested person has the right to be informed of the reason for arrest, the right to legal representation, the right not to be compelled to incriminate themselves, and the right to be brought before a court within a short and defined period.

Release pending trial is available for many but not all offences, and it is not automatic. The court considers the nature of the allegation, the risk of flight, the risk of interference with witnesses and the accused's ties to the community. A bail application should be prepared as an evidential exercise, with guarantors and supporting documentation, rather than treated as a formality. Where bail is refused, the refusal may be appealed.

It depends on how many owners there are, how much personal liability you are willing to carry, whether you intend to raise outside capital, and what your sector requires. The Commercial Code, Proclamation No. 1243/2021, introduced the One Person Private Limited Company, which is often the right answer for a sole proprietor who previously had to trade personally or recruit a nominal second shareholder. The Private Limited Company remains the standard form for small and medium businesses, and the Share Company is used for larger ventures. We advise on the choice before registration rather than after, because changing form later is more expensive than choosing correctly at the start.

In many sectors, yes, but not all. The Investment Proclamation No. 1180/2020 and the regulations under it set out which areas are open to foreign investment, which are reserved for domestic investors, and which are open only on a joint venture basis, along with minimum capital requirements and the process for obtaining an investment permit. Because these rules are revised from time to time, the position should be confirmed for your specific activity before you commit funds to a structure.

If you have business partners, yes. The most common avoidable dispute we see involves two or three people who start a business on the strength of a friendship, register a company with a standard-form memorandum, and never agree in writing how profits are shared, how decisions are made, or what happens if one of them wants to leave. A short shareholders' agreement at the beginning is inexpensive. The litigation that follows its absence is not.