Family law

The basis

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 possible separation or divorce. Our advice: think about this too, and above all beforehand. It is extremely important to know what consequences the law provides for in case love does not last forever. This matters, for example, for the partner who takes on the upbringing of the children (social protection) or for entrepreneurs, independent professionals, etc. Although concluding a prenuptial agreement may not seem the most romantic way, it is the most sensible.

The advice

Like almost everything nowadays, you can of course also download a 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 do justice to your individual interests. So rather than saving money at the proverbial wrong end, let our specialist lawyers for family law 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
• Maintenance
• Distribution of assets

Please consider: what was clarified beforehand by amicable agreement does not have to become a matter of dispute in the event of a separation or divorce, which we hope is unlikely in your case.

The crisis

And if it 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 reach an amicable settlement for the sake of your former partnership and thus save time, stress and costs. In this case we offer you the option of family mediation (as an alternative to legal advice) or work with you to prepare a separation and divorce agreement, so that the court only has to decide on the divorce decree and possibly the retirement provision.

The consequences

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 each has against the other. At that point at the latest, you should seek legal assistance, preferably, of course, from our firm and our specialist lawyers. We assist and advise you in reviewing and calculating the following possible claims and, if necessary, in enforcing them in court:

• Maintenance during separation
• Spousal maintenance
• Maintenance for health insurance cover
• Maintenance for retirement provision
• Post-divorce maintenance
• 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 and the advantages and disadvantages associated with filing a petition for divorce. Of course, if you wish, we also represent you in court divorce proceedings.

As a so-called competence team, i.e. in cooperation with our experts in company law, banking law, tax law and employment law, and when, for example, questions arise regarding the spouse’s claims to equitable distribution of accrued gains, we also assist you with company valuations.

Joint children

Finally, a word on what is probably the most emotional and therefore often the most difficult “topic” for everyone involved (although they are in fact the most important persons and often the ones who suffer the most): joint children. In the event of a separation or divorce, it is often they who become the pawns in their parents’ dispute. We prefer to avoid this and always work with you to seek an amicable settlement first. For example, by drawing up child arrangements that suit both parents and, above all, the child or children.

Other advisory services

Our specialist lawyers for family law also advise you, and represent you in court if necessary, on the following matters or issues:

• Child maintenance
• Child benefit
• Right to determine place of residence
• Custody
• 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, but also, deliberately, with the much-needed objectivity.