We all know it, at least from films: The famous “YES, I DO!”, usually whispered or sometimes blissfully exclaimed, with which two people decide to have their love officially sealed. They plan their future together and are certainly not thinking about the consequences of a separation or divorce. We advise you: to think about this too, especially beforehand. It is extremely important to know what the legal consequences are if love does not last forever.
This is important, for example, if one of the spouses dedicates his or her time to the upbringing of the children, thereby not earning any social security benefits (social protection) or also for entrepreneurs, freelancers, etc. Although the drawing up of a prenuptial agreement may not seem the most romantic way, it is the most sensible.
Like almost everything nowadays, you can download a sample prenuptial agreement from the Internet. This sounds temptingly inexpensive (and may even be free of charge), but it entails unexpected and sometimes costly risks, because "model agreements" can - at best - serve as a basis, but rarely meet your individual needs. Instead of saving money at the proverbial wrong end, let our family law specialists advise and assist you on the following issues:
- Prenuptial agreements (working with you on the structure and wording)
- Special matrimonial property provisions
- Social protection of the spouse who is caring for and raising the children
- Claims to equitable distribution of accrued gains
- Financial consequences of separation and divorce
- Pension rights adjustment
- Distribution of assets
Please consider: what was previously clarified in an amicable agreement does not have to become a matter of dispute in the - hopefully unlikely - event of separation or divorce.
And if this does happen and the once great love is no longer and you have not concluded a prenuptial agreement, you are hopefully one of those who want to come to an amicable agreement for the sake of the former marriage and thus save time and money and also reduce stress. In this case we offer you the option of family mediation (as an alternative to legal advice) or preparing a separation and divorce agreement together with you, so that only the divorce decree and possibly the retirement provision have to be decided in court.
By its very nature, an amicable settlement depends on the attitude of both spouses, and it is not uncommon for disputes to arise over what claims exist against the other. You should seek legal assistance at the latest at that point in time - preferably from our firm and our specialist lawyers. We assist and advise you in reviewing, calculating and, if necessary, also in the legal enforcement of the following possible claims:
- Separation support
- Health care support
- Retirement provision support
- Post-marital support
- Obligation to work / obligation to earn a living
- Pension rights adjustment
- Equitable distribution of accrued gains
and explain to you what the year of separation means as well as the advantages and disadvantages associated with filing for divorce. Of course, if you wish, we can also represent you in court divorce proceedings.
As a competence team - i.e. in cooperation with our experts from the fields of corporate law, banking law, tax law and employment law and if, for example, questions arise regarding the spouse's claims to the equitable distribution of accrued gains - we also assist you regarding company valuations.
Lastly, something about the most emotional and therefore often most difficult "topic" for all involved (although they are in fact the most important persons and often those who suffer the most): joint children. In the event of a separation or divorce, they often become the pawns of their parents' quarrels. We are happy to prevent this and always work with you to initially seek an amicable settlement. For example, by drawing up child arrangements that suit both parents and, above all, the child or children.
Other advisory services
Our family law specialists also advise you - and, if necessary, represent you in court - on the following matters or issues:
- Child support
- Child benefit
- Right to determine place of residence
- Right of access
- Visitation rights
- Determination of paternity
- Contesting paternity
We are very aware that family law in particular is an extremely sensitive and emotional area of law. You can therefore rest assured that our experts are always at your side with the necessary tact and sensitivity, but also with the much-needed objectivity.