Your family law attorneys in Hamburg, Germany
Family law is as diverse as life itself. Numerous laws and the constantly changing jurisdiction require special qualifications and knowledge in this area. This applies all the more if international circumstances exist, because the German partner lives abroad or a spouse is a foreign citizen. In addition, tax law and business law skills are essential. This knowledge is fundamental for the best possible drafting of a marriage contract and legal representation in divorce proceedings.
When two people marry, it is not only personally one of the most important events in life. Rather, most people are unaware of the implications of the legal consequences of marriage, even though they are serious. An overview of the main consequences of marriage can be found below.
The marriage contract is a necessary component for a responsible organization of the legal effects of the marriage. In the event of divorce, it creates a clear relationship and protects the assets from destruction. Family law regulations through marriage contracts are thus an important instrument in asset protection.
A marriage contract can be concluded both before and after the marriage, especially at a time when the partners do not even think about the failure of their marriage and only want to make provision for the "worst case". A marriage contract must be concluded with the simultaneous presence of both spouses for notarial recording. The drafting of the contract and a consultation can take place beforehand with a lawyer.
Marriage contracts are reviewed by the courts to determine whether the benefits and burdens have been distributed too unilaterally. In the case of a particularly unilateral imposition of contractual burdens and a considerably unequal negotiating position, the contracts may be invalid or inapplicable.
For marriages with a foreign connection, counselling is particularly important. This includes marriages between citizens of different nations or between spouses with worldwide assets and different places of residence. In such cases, a marriage contract is particularly advisable in order to legally establish a solution that is in line with your interests. There are already considerable differences between the various legal systems within, but even more so outside, the European legal area.
Even if the marriage is intended for life, in many cases it is terminated prematurely by divorce. In addition to the often high emotional effort, divorces raise a number of complex legal issues. These concern both the assets (gain, pension rights adjustment, alimony) and joint children (custody, right of access).
If one of the spouses or both have a business together, it is particularly advisable to make arrangements in the event of divorce. The preservation of the company should be the main priority. If, for example, the business of one of the spouses is taken out of the gain, compensation for this may have to be made.
About every third marriage in Germany is divorced. In metropolitan areas, every second marriage is divorced. The divorce is accompanied by far-reaching legal consequences, which are not only the economic circumstances, but also, in the case of common children, the custody and contact law. Before the divorce becomes legally binding, however, the spouses must go through the so-called separation year. Already this year a multitude of legal problems and questions arise.
Even if the separation year is intended by the legislator as a "reflection period" before the divorce becomes final: In practice, many spouses who are willing to divorce see this time as an annoying evil, since a resumption of the marital cohabitation is excluded for them. However, the time of the separation year can already be used to accelerate the later divorce proceedings. This includes the clarification of subsequent matters by a divorce agreement or contract.
If a divorce is imminent, the possibility of a divorce settlement or divorce consequences settlement or also a divorce contract should be examined and, if necessary, used in good time. This special case of the marriage contract is limited in content to the regulation of the concrete consequences of a divorce still to be carried out.
All aspects that are deemed to be in need of regulation with regard to your separation and divorce are settled by mutual agreement between the spouses. Typical issues are maintenance claims, the fate of the previously shared home, equalisation of gains, distribution of household effects or the right of access to the child.
The own real estate is often not only of great economic, but also of emotional importance for the parties. In many cases, it represents the centre of the family's life and is considered a home, especially for children. In addition, it is usually used for old-age provision. In the event of divorce or separation, it is often difficult to regulate the whereabouts of the property, as a simple division is usually not possible. It is therefore advisable to make a clear arrangement at the beginning of the marriage or life partnership or at the time of the acquisition of the property.
A separation or divorce has consequences not only for spouses or cohabitants, but also for any children they may have. Even if the parents usually retain joint custody, the child's usual contact with his or her parents changes. If, as usual, the parents no longer live together after the separation, the child's customary daily contact with both parents can no longer be realised. Here regulations must be found, which have to orient themselves primarily at the well-being of the child.
However, the German rules on contact and custody alone do not help in cases of international child abduction. Special knowledge of the relevant international agreements is required here.
After a divorce, most couples only want to go their separate ways. But the legal relations often last longer than it is right - at least for one of them. After the divorce, it is also a question of whether one spouse has to pay alimony to the other. This divorce consequence is often bitterly contested. It is to be noted that maintenance claims do not exist only with the divorce but already during the separation.
Below you will find the most important information on spousal support, spouse support, separation support.
In addition to the maintenance of the divorced spouse, family law also provides for child support and parental support. Child support is often about maintenance payments for children of separated or divorced couples. Parental support plays a role above all when there is a threat of recourse by the social authorities.
In the case of pension equalisation, all pension entitlements acquired during the marriage are equalised reciprocally. Each spouse must transfer half of the pension rights acquired during the marriage to the other spouse. The enforcement of these claims can be difficult in some cases, which is why a contractual agreement is often more suitable for avoiding conflicts.
With the marriage, the married couple is automatically transferred to the statutory matrimonial property regime - the community of gain. The law is written for the classic housewife marriage, in which the unemployed, educating wife should be appropriately involved in the acquisition of assets by the deserving spouse.
If a divorce occurs, the increase in assets, i.e. the gain, is balanced out. The gain includes all assets acquired during the marriage. The compensation claim is a pure monetary claim, the gain is evaluated and quantified in order to calculate the compensation claim.
Matrimonial property law regulates the financial circumstances and asset management of spouses during and after marriage. Which of the three legally provided matrimonial property regimes is the most suitable can be determined on the basis of the ideas and wishes of both spouses. It then becomes clear whether the legal rule of a joint gain is in the best interests of the spouses or whether a marriage contract is necessary.
The right of descent is not only decisive for the question of who the legal parents of a child are, but also has consequences in terms of inheritance, custody and maintenance.
Particularly in cases of paternity recognition/contestation, surrogacy and adoption, the specific expertise of a lawyer experienced in this field is required in order to find a solution that meets the interests of all parties, i.e. the biological parents, intended parents and the child.
In times of globalisation and a Europe that is growing together, international family law is becoming increasingly important. Which legal system is applicable at all and which courts are competent in the event of a dispute, if both spouses do not have the same nationality or place of residence or domicile, or if the marriage was contracted abroad, are already complex preliminary questions for mandates from international family law. In addition to the regulations of the individual states, EU regulations and international agreements must also be observed.